Andhra Pradesh High Court - Amravati
Nadendla Brahmaiah vs The State Of Andhra Pradesh, on 16 September, 2020
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) WEDNESDAY ,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 16535 OF 2020 Between: Nadendla Brahmaiah, S/o N.Chandra Rao 1 Petitioners AND 4. The State of Andhra Pradesh, Represented by its Principal Secretary Home, Secretariat Buildings, Velagapudi, Guntur District The Director General of Police, State of Andhra Pradesh, Police Head Quarters, Mangalagiri, Guntur District The Superintendent of Police, Krishna District, Machilipatnam The Station House Officer (SHO), Gudivada | Town Police Station, Gudivada, Krishna District K.Murali, S/o. Not Known to the petitioner Aged Not Known, YSRCP. Joint Secretary, Legal Cell, Krishna District. a RO ON Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or Direction more particularly one in the nature of Writ of Mandamus declaring i. the action of the 4th respondent in registration of FIR.No.272/2020 on the File of the Gudivada | Town Police Station, Krishna District for the alleged offences U/s.504,505(2),506,509 of Indian Penal Code, ii. the actions of the Police Department of the State of Andhra Pradesh in registering false complaints, without looking into whether there is a prima facie case made out in the complaint or not and without looking at whether the complaint shows commission of a cognizable offence or not, as being illegal, arbitrary, unconstitutional, abuse of process of law, violation of fundamental rights under Article 14,19 and 21 of the Constitution of India and consequently iii. quash the FIR.No.272/2020 on the File of the Gudivada | Town Police Station, Krishna District for the alleged offences U/s.504,505(2),506,509 of Indian Penal Code iv.issue directions to the Police Department of the State of Andhra Pradesh to follow due process of law, such as being satisfied with the prima facie case and commission of a cognizable offence, before registering any complaint received by them v. issue directions to the Police Department of the State of Andhra Pradesh not to target the persons not belonging to the ruling party for registration of false cases. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings including arrest of the Petitioner/Accused in FIR.No.272/2020 on the File of the Gudivada | Town Police Station, Krishna District for the alleged offences U/s.504,505(2);506,509 of Indian Penal Code, pending disposal of WP 16535 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof upon hearing the arguments of Sri K.M. Krishna Reddy, Advocate for the Petitioner and of GP for home for the Respondent Nos.1 to 4, the Court made the following. . ORDER:
The present Writ Petition is filed by the petitioner questioning the F.LR.No.272 of 2020 of Gudivada I Town Police Station, Krishna District along with certain other prayers.
The learned Senior Counsel D.Srinivas, appearing on behalf of the petitioner has mainly contended that the allegations made by the 5% respondent/ defacto complainant would not attract the ingredients of Section 505(2) IPC. The crime was registered against the petitioner Under Sections 504, 505(2), 506, 509 of IPC. Except Section 505(2) IPC all the other sections are bailable offences. In fact, the averments in the complaint filed by the om respondent/defacto complainant will not attract section 505(2) IPC. Section 505(2) IPC reads as follows:
"Statements creating or promoting enmity, hatred or ill-will between classes of society is a punishable offence involving imprisonment upto 3 years or fine or both".
Even as per the complaint made by the Ss" respondent, there is no such averment in the complaint. Hence the registration of F.I.R under Section 505(2) IPC along with other sections is bad. The identical issue raised before this Court in Writ Petition No.8890 of 2020 in Kantamaneni Ravi Shankar V. State of Andhra Pradesh reported in 2020 SCC online AP 726, wherein para no.59 reads thus:
"Further, a bare book at the contents of Section 505(2) of LP.C to constitute an offence punishable under section 505(2) of ILP.C there must be publication or circulation of any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial language or regional groups or castes or communities, therefore, to constitute an offence punishable under Section 505(2) of I.P.C there must be two group of classes belong to two different castes, religious or communities ete:"
In view of the above law laid down by this Court, the learned Senior Counsel requested to stay all further proceedings in F.I.R.No.272 of 2020 of Gudivada I Town Police Station, Krishna District. The learned Government Pleader appearing for the State submitted that the facts and circumstances of the Writ Petition No.8890 of 2020 which yplicable to the present case and he Considering the submissions made by the learned Senior Counsel and the ratio laid down by the High Court in W.P.No.8890 of 2020, there shall be a direction to the respondents not to take any coercive steps against the petitioner basing on the F.I.R.No.272 of 2020 dated 09.9.2020 of Gudivada I Town Police Station, Krishna District. fA-
Post on 14.10.2020. Sd/-K. TATARAO ASSISTANT. REGISTRAR ew PRAINT REGISTRAR.
_ IITRUE COPYI/ anil For ASSISTANT REGISTRAR To
1. The Principal Secretary, Home, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District The Director General of Police, State of Andhra Pradesh, Police Head Quarters, Mangalagiri, Guntur District The Superintendent of Police,, Krishna District, Machilipatnam The Station House Officer (SHO),, Gudivada | Town Police Station, Gudivada, Krishna District K.Murali, YSRCP. Joint Secretary, Legal Cell, Krishna District. (1 to 5 BY RPAD) One CC to Sri K. M. Krishna Reddy, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] One spare copy PNO a FO N TVR HIGH COURT DRJ DATED:16/09/2020 ORDER WP.No.16535 of 2020 POST ON 14.10.2020