Veluru Yuvaraj, v. The State of Andhra Pradesh
Case brief
What is this about?
Criminal Petition filed under Section 482 Cr.P.C. to quash proceedings in a Section 107 Cr.P.C. case. Court held police lacked jurisdiction and dismissed the petition as registration without Magistrate order was illegal.
What did the court decide?
Proceedings in Crime No.777 of 2020 of Chinna Bazar Police Station quashed.
What the court decided
THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY CRIMINAL PETITION No.1773 of 2022
ORDER:-
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) by the petitioners seeking to quash proceedings in Crime No.777 of 2020 of Chinna Bazar Police Station, Sri Potti Sri Ramulu Nellore District, registered under Section 107 CrPC, against the petitioners/A.2 to A.4 and another.
- Brief facts of the case are that, on 16.09.2020 at 09:45 hours, H.C. 2140 of Chinna Bazar Police Station, along with his staff, was conducting mobile bundobast and proceeded to Kamati Street Kolamitha, Nellore city and found some persons, who are members of same family, were quarrelling with each other with regard to a property issue, and on apprehension that they might indulge in commission of some offence, they were apprehended and on enquiry, they revealed their identity
2
as petitioners/A.2 to A.4 and 2nd respondent/A.1. As lock down was there and no mediators were available, police proceedings were drafted, and pursuant to the same, the subject crime has been registered.
- Heard learned counsel for the petitioners and learned Special Assistant Public Prosecutor for 1st respondent-State.
- Section 107 Cr.P.C., reads as follows:
Issues for consideration
1 issue framed by the court
Whether police can register proceedings, under Section 107 Cr.P.C., without an order from the Executive Magistrate under Section 111 CrPC.
Parties & counsel
- petitioner
petitioners/A.2 to A.4 and another
- respondent
1st respondent-State
Coram
K. Sreenivasar Reddy
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · March
- Registered
- Case no.
- CRLP/1773/2022
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