Allowed

J.C.Ashmith Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC10 Mar 2023CRLP/1834/2023

Case brief

AI extract

What is this about?

High Court quashed criminal proceedings against a petitioner accused of an offence under Section 188 IPC. The Court held that a Sub-Inspector lacked the authority to register the case or investigate without a complaint from a public servant as mandated by Section 195(1) Cr.P.C.

What did the court decide?

Criminal Petition allowed; proceedings in Crime No. 719 of 2020 against the petitioner (Accused No. 2) quashed.

J.C.Ashmith Reddy Vs the State of Andhra Pradesh — Quashing and FIR | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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FRIDAY .THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE

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PRESENT

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-^7

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CRIMINAL PETITION NO: 1834 OF 2023

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Between:

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J.C.Ashmith Reddy, S/o. JC Prabhakar Reddy. Aged. 40 yrs. R/o. D/No'lS1256, Sanjeevanagar Road, Tadipatri Town, Ananthapuramu District.

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...Petitioner/Accused Nc.2

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AND

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The State Of Andhra Pradesh. Rep. by its Station House Officer, Tadipatri Town Police Station, Ananthapuram District, Rep. by its Public Prosecutor, High Court of AP at Amaravathi.

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...Respondent

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the criminal proceedings against the Petitioner/Accused No.2 in Cr.No.719 of 2020 dated 05-10-2020 on the file of Tadipatri Town Police Station, Anantapur District for the alleged offences under Section 188 of I PC

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l-A. NO: 1 OF 2023

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings against Petitioner/Accused No. 2 in Cr.No.719 of 2020 dated 05- 10-2020 on the file of Tadipatri Town Police Station. Anantapur District for the alleged offences under Section 188 of I PC

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Siva Nagarjuna Sidhadapu, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent

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The Court made the following:

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I ■’S ■■ '

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(, /

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HON'BLE SRI JUSTICE K. SREENIVASA REDDY

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No.1834 of 2023

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Order:

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This Criminal Petition, under; Section 482 Cr.P.C., has been filed on behalf of the petitionef/^gto quash the proceedings in Crime No.719 of 2020 ofTadipatri<T0^.|jtJPolice Station, Anantapur district. 2. A case has been registered against the petitioner herein and others for the offence punishable under Section 188IPC. •>. • •; • > .^7-

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Brief facts of the c^se aretthat, on 05.10.2020, at about 20.00 hours, A-1 to A-34 todil* ••’. ' ■prb^eS^ion. .’t * •«: in Tadipatri Town even though Section 30 of the Police Act is in force and violated the orders of the Government Officer., The • Sub'-inSpector V ■ : ‘ of Police, Tadipatri Town PS, who is on traffic duty, alohg'Wfh his staff noticed the incident and gave special report against them. '

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Learned counsel for the petitioner herein submits that the police are not empowered to investigate- into the offence punishable under Section 188 IPC for the reason that there is a bar under Section 195 Cr.P.C., for the police to register the case and investigate into the

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matter.

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On the other hand," learned Assistant Public Prosecutor submitted that the procedure,, followed by the police is not in

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accordance with law.

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Heard. Perused the record

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====•

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In the instant case. ■Mistered by the Sub- Inspector of Police ' the - ■ and others for the offence punishable under section iss ipH , as follows. Cr.P.c, reads

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Of public justice and for oiifene^Ti,^,^H„g 9’ven in evidence. . . ® ‘'ocuments

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No Court Shall taRe.taj4nizance-. fa) (i) of any Offence^ Hhishable under sections 172 to 188 (both 11 Penal codX of 1860 ), or (") of any abetment af/Of attempt to commit. such offence, or. On) of any criminal cbi^sbifa6/^ offence, excent nn i-k oy - to commit such ~ concerned -hom he ,s aarninistratiy^,^^,,;^"^^^

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namely, sections 193 to 196 fbom to (both inciusiye) and SsT"' alleged to have been conrmit,^;;^" any proceeding in any Court, or '

Piinlstebie’'uX°^Z

11/

. 3,

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have been committed i^^^ect of a document produced or given in evidence in a proceeding in any Court, or

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(iii) of any criminal conspiracy to commit, or attempt to commit,‘or the abetment of, any offence specified in sub- clauSe‘^(ij’^6r sub- clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Cotir! js'subordinate.

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(2) Where a complaint has been made by a public servant under clause (a) of sub- section (1) any authority to which he is administratively subordinate may order the withdrawal: CMe complaint and send a copy wa'.ii.* of such order to the.CpUrtJ.and upon its.receipt by the Court, no further prdcefedings shall be taken on the complaint: Provided that no- such withdrawal shall be ordered if the trial in th’d .Court of first instance has been

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concluded. .U:

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(3) in clause. (by>bf sub- section (1), the term" Court" means a Civile Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or States-Act if ideclared by that Act to be a Court for the purposg^l^s section.

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(4) For the purposes; of clause (b) of sub- section (1), a Court shall be ideemed to be subordinate to the Court to which appeals ordinarily lie from the appealable •. decrees or sentences ;.of .such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to... the .'principal Court having ordinary original civil jurisdiction .^ithin whose local jurisdiction such Civil Court in situate: Provided that-

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_______ .

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’"iSSft’s ■

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(a) where appeals lie to,more th^n one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;

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(b) Where appeals lie-to- 'a Civil and also to a Revenue Court, such Coyrti^sbali be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or pre^||cj.ing in connection with which the offence is alleged to^Sve-lseen committed."

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A perusal of the above said provision goes to show that no Court shall take cognizance of any Offence punishable under sections 172 to 188 IPC except On the complaint in writing of the public servant

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concerned or of some other public servant to whom he is administratively subordinate. A peru^^l of the material on record goes to show that it is the Sub-InspectorioifeRdyce who■ registered.. .. the case under Section 188 IPC and. investigatingi^^the said offence, which is quite contrary to the provisions under'..i^etlion .195(1) Cr.P.C. The Police Officer, who filed the case and investigating the matter under Section 188 IPC, is not empowered to do so and the procedure followed is not in accordance with law, ..

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• 1 "

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In view of the aforesaid facts arid circumstances of the case, this Court is inclined to quash the proceedings in Crime Nd.719 of 2020 of Tadipatri Town. Police Station, district, only in respect of the petitioner herein/A-2. ' ••

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Accordingly, the Crirriin.al R^ition is allowed and the proceedings

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in Crime No.719 of 20;^lGf Ta^patri Town Police Station, Anantapur

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district, are hereby quashed against.the petitioner herein/A-2 only.

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As a sequel thereto/, -thai miscellaneous applications, if any,

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pending in this Criminal Peti^orf^H stand closed.

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SD/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER To, 1. The Station House Officer, Tadipatri Town P.S, Ananthapuram District. 2. One CO to Sri Siva Nagarjuna Sidhadapu, Advocate [OPUC] 3. Two CCs to the Public Prosecutor. High Court of AP .at Amaravathi [OUT] 4. Two CD Copies . Stu sree

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; HIGH COURT
DATED: 10/03/2023

a:
o AUG 2023

ORDER

CRLP.No.1834 of 2023

ALLOWING THE CRIMINAL PETITION

J.C.Ashmith Reddy v. the State of Andhra Pradesh

Case brief

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J.C.Ashmith Reddy v. the State of Andhra Pradesh

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