Allowed

Donapati Komal Reddy v. Sri a.Devender and another

Telangana HC1 Mar 2021CRLP/914/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition under Section 482 Cr.P.C. quashing proceedings in Crime No. 144 of 2020 registered under Section 107 Cr.P.C., holding that the police failed to follow prescribed procedures. Relying on a previous order and Madras High Court precedents, the court set aside the magistrate’s orders and directed the prompt release of petitioners on bail.

What did the court decide?

Criminal proceedings in Crime No. 144 of 2020 under Section 107 Cr.P.C. were quashed; orders dated 31.10.2020 were set aside; petitioners were ordered to be released forthwith on bail.

Donapati Komal Reddy Vs Sri a.Devender and another — Quashing and FIR | Telangana HC (2021)

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IN THE HIGH COURT FOR or r"rr&.oBlxrE^{oF rELANGANA}

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Yf, [,flI6J ,isi,li+il3,5#."J

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CR|MINAL pETtTtON NO: 914 OF 2021

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Between:

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'RTiij;i58tfl $:1f{;,i.ir;,il:gi;"S,it,B??;'ni,ilS:*,,,";L€bout4eyears, 2. Donapati^padma. Wo..Komal Reddy, Occ_Hoygg .w{e.Aged about. 39 yrs, R/o. Varikote Vi,age, KoheJa rrrrrirJr'idioi[""i 'r.rrstrict, Tetangana Stare.

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3, Vangala Kista Reddy,, S/o. Hanmanth Reddy, Occ_Agriculture, Aged about 86 -rfi ; ;i;i" ii;;i#6; ro "d1st rict,

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I!?;.#i.^{g3;ota oit ii vit i, g" G ; ; ;} "^i;;:',-

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AND

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...PET|T|oNERS/ACCUSED 1 TO 3

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sri A.Devender ASr- 2246, Ganneruvaram porice Station. Karimnagar District, Telangana State

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...RESPONDENT No.1/DEFACTO COMpLATNANT

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2 The State of rerangana, through Ganneruvaram porice station Rep. by pubrrc Prosecutor, High Court of Telangana at Hyderabao.

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.. Respondent No. 2 / Complainant

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Executive [Vlagistrate and Tahsildar, Ganneruvaram lVlandal, Karimnagar District.

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.,.Proposed Respondent No. 3

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( R -3 is impleaded as per Court Order dated 01-03-2021 in l.A. No. 2 of 2021 in crl.P.No.914 of 2Q21)

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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 Orders dated 31-10-2020 passed by the Hon'ble Executive lt/lagistrate and Tahsildar, Ganneruvaram, against the Petitioners herein U/s. 107 of Cr.P.C., vide proceeding No. C/1 580/2020 arising from Crime No. 144 of 2020 of Ganneruvaram Police Station, in the interest of Justice.

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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^{V. HariHaran,} Advocate for the Petitioners and the Assistant Public Prosecutor on behalf of the Respondent No.2 and None appeared for the Respondent^Nos.'1 & 3^.

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The Court made the following: ORDER

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HONOURABLE^{SRI JUSTICEK'LAKSHMAN} ALPE^{TITIONNo.9140F2021}

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ORDER:

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This Criminal^{Petition is filed under Section- 482 of the} Code of^{Criminal Procedure' 1973 seeking toquash the} proceedings^{in Crime No'144 of 2020 of Ganneruvaram Police} Station,^{KarimnagarDistrict registeredunder Section107 of} Cr.P.C.,^{and consequently,set aside the orders dated 31'10'2020} passed by respondent^{No.3 in Proceeding No'C/1580/2020'}

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Heard Mr. V.^{Hari Haran, leamed counsel for the} petitioners, and learned^{AssistantPublic Prosecutor'Perusedthe} record.

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This Court has already dealt with^similarissue involved in Cr1.P. No.4992 of^{2020, dated 13.10.2020,and the facts} in the present case are squarely covered by^{the said case.}

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4, Following the order dated 13.10.2020 passed by this Court in Crl.P. No.4992 of 2020, the present Criminal Petition^is allowed. Accordingly, the proceedings in Crime No. I 44 of 2020 of Ganneruvaram Police Station, Karimnagar District registered under Section 107 of Cr.P.C. against the petitioners herein are hereby quashed setting aside the orders dated 31.10.2020 passed by lespondent No.3 in Ploceeding No.C/l 580/2020.

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As a sequel, miscellaneous^{petitions,if any, pending,in the}

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Criminal Petition^{shallstand closed.}

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SD/-B.SATYAVATHI ASSISTANT REGISTRAR

,TRUE COPY//

SECTION OFFICER

To,

The Executive Magistrate &^{Tahsildar, Ganneruvaram, KarimnagarDis!.} . . . z. The station House-Officer,^{Ganneruvaram Police station,Karimnagar District.}

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Two CCs to Public^{Prosecutor,HighCourt for the State of Telanganaat} Hvderabad.^(OUT)

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Ohe CC to Sri. V.'Hari Haran,^Advocate IOPUCI

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Two CD Copies

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( Along with a copy of order dated^{13-10-2020 in Crl.P. No' 4992 of 2020)} gbr

*--

HIGH COURT

DATED:01 10312021

ORDER

CRLP.No.914 ot 2021

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oc 31 l'lAR 21121 \rl
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FATC

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ALLOWING THE CRL.PETITION.

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rZ."' a)

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THE HONOURABLE SRI JUSTICE K. LAKSHMAN

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I.A. No. I OF 2020 IN/AND CRIMINAL PETITION No.4992 OF 2020

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COMMON ORDER:

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This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to quash the proceedings in Crime No.108 of 2020 pending on the file of the Station House Officer, Zaffargadh Police Station, Jangaon District. The petitioners herein are Accused Nos.l and 2 in the said Crime. The offence alleged against them is under Section - 107 ofCr.P.C

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I-leard Sri D. Bhaskar Reddy, learned counsel for the petitioners, and learned Assistant Public Prosecutor for the respondents. Perused the record.

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Mr. D. Bhaskar Reddy, leamed counsel for the petitioners would submit that the Police have no power to register a case for the offence punishable under Section 107 of Cr.P.C. There is procedure prescribed to register a case for the said offence. He would further submit that in the present case, the Police have not followed the procedure laid down under Section 107 of Cr.P.C. while registering the case and accordingly seeks to quash the present crime. In support of his contention, the learned counsel for the petitioners has placed reliance on an unreported^judgment of Madras High Courl dated

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KL,J Crl.P. No.4992 of 2020

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09.11.2017 in Criminal O.p. (MD) No.152t6 of ZOIT and Criminal M.P. (MD) No.l01 t3 of 2011.

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4' The learned counsel for the petitioners would further subrnit that basing on the said FIR, respondent No.3 bound over trre petitioners for good behaviour for a period of six (06) months i.e., from 04.07.2020 to O4.Ol .2021, and in default, to forfeit a sum of Rs.1.00 lakh. While the things stood thus, respondent No.2 has filed a petition on 28.08.2020 before respondent No.3 with a request for forfeiture of the bonds and, thereafter, respondent No.3 has issued a notice on 01.09.2020 to the petitioners on the ground that they have committed a breach of bond by committing an offence in the said crime under Section 107 of Cr.p.C. and, accordingly, directed the petitioner to pay penalty of Rs. 1 .00 lakh within seven days.

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The learned counsel for the petitioners would further submit that thereafter respondent No.3 has issued order in proceedings MC No.B/980/2020, dated 15.09.2020 stating that respondent No.2 has filed report before him that the petitioners have trespassed into the agricultural ,and of one Nallabetla Rajamma, while she was attending to the work in the land with Tractor and picked up quarrel, abused her in a filthy language and beat her with sticks, pursuant thereto, a case in Crime No. 1 02 of 2020 was registered under Sections 447 , 341 , 324, 294 (b),506 read with 34 IpC and that ifthe petitioners let free, they may commit cognizable offence and, therefore, in order to prevent such type of offence, the petitioners were sent before respondent No.3

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ct./.p No 4ss2 offf;i

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to bind over. them and accordingly, respondent No.3 obtained bonds from therl for Rs.l.00 lakh. He would further submit that since the petitioners have committed breach of bond executed earlier and since they have not given any reply for the notice issued by respondent No.3 and since the petitioners committed the offence on 29.06.2020, respondent No.2 was directed to take the petitioners into custody tmmediately under Section 446 of Cr.p.C. i.e., warrant of imprisonment on breach ofbond to keep the peace and in pursuance of the same, the petitioners were sent to the Central prison, Warangal, and from then onwards they are in jail. In view of the same, the petitioners have filed I.A. No.1 of 2020 to order for their release.

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The learned counsel for the petitioners would further submit that there are civil disputes pending between the father of petitioner No. 1 and the complainant vide O.S. No.4g9 of 2019 on the file of VII Additional Junior Civil .ludge at Warangal, and a Crime No.l02 of 2020 was also registered against the petitioners. But, respondent No.3 without looking into the said aspects, including Crime No.l02 of 2020, ordered warrant, which is in violation of law.

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7 On the other hand, the leamed Assistant public prosecutor fairly submits that the present First Information Report ls not maintainable for the offence under Section I 07 of Cr.p.C.

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A pen:sal of tlie entire record reveals that the police, Zaffargadh Police Station, have registered Crime No.l0g of 2020 for

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KL,J Crl.P. No.4992 oJ 2020

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the offence punishable under section - 107 0f cr.p.c. against the petitioners. The Madras High Court in the above said order dated 09'1r.2011, by rerving upon its earrier judgment, herd that whenever the^police receives information, it may necessitate action by an Executive Magistrate under Sections 107 to ll0 of Cr.p.C. and that the same shall be entered in a separate register and requisition fbr action shail be made to the Executive Magistrate. Accordingly, the Madras High Court quashed the F.I.R. registered for the offence punishable under Section 107 of Cr.p.C.

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In the present case also, the police have registered the present crime under Section 107 of Cr.p.C. without following the procedure laid down under Section 107 of Cr.p.C. Hence, following the principle laid down by the Madras High Court in the above said order and arso the procedure laid down under Sections 107 to 110 0f Cr.P.C., this Court is inclined to quash the present crime against the petitioners_

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Accordingly, the Criminal petition is allowed and the proceedings in Crime No. I 0g of 2020on the file of the Station House Officer, Zaffargadh police Station, Jangaon District, against the petitioners _ Accused Nos.l and 2 areherebyquashed.

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ll. As stated above, respondent No.3 has issued warrant of imprisonment on the ground of breach ofbond to I:eep the peace, on 15.09.2020, and pursuant to the same, the petitioners were arested

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KL,J Crl.P. No.4992 of 202A

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and they are in.iudicial remand from 15.09.2020. The said warrant of imprisonrnent dated 15.09.2020 is pursuant to the proceedings in Crime No.l0g of 2020 for the offence under Section 107 of Cr.p.C. But, in view of the quashment of the said proceedings in Crime No'108 0f 2020 against the petitioners herein, for the reasons stated above, the petitioners are ordered to be released on bail.

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Accordingly, I.A. No.l of 2020 is allowed, and the Superintendent, Central Prison, Warangal, IS hereby directed to release the petitioners _ accused Nos.l and 2, who were remanded in Crime No. 10g of 2020 of Zaffargadh police Station, Jangaon Disrricr pursuant to the execution of warant of imprisonment on breach of bond to keep the peace in Form No.54 issued by respondent No.3, Executive Magistrate and Tahsildar , Zaffargadh Mandal, Jangaon District. forrhwith.

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As a sequel thereto. miscellaneous petitions, if any, pending, in the criminal petition stand closed.

K. LAKS HMAN,J

13'h October, 2020

Note:

Fumish C.C. of order by t4.10.2020 (IJIO.) Mgr

Donapati Komal Reddy v. Sri a.Devender and another

Case brief

What is this about?

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Donapati Komal Reddy v. Sri a.Devender and another

Case brief

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