The High Court quashed an FIR registered under Section 353 IPC against a petitioner who was not present during the alleged obstruction of a Commissioner at a construction site, finding the registration against an absent person illegal.
The FIR No. 109 of 2016 registered against the petitioner was quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE DR. JUSTICE G.RADHA RANI
CRIMINAL PETITIO NO: 10743 OF 2016
Between:
Smt Sujatha, W/o. P.Naveen Kumar, Aged about36years, Occ:Housewife, Rio.H.No.1-3-62, Sunkalamma lMettu, Gadwal, lVahaboobnagarDistrict. ... Petitioner/Accused
AND
1 The State of Telangana, represented byits Public Prosecutor, High Court,at Hyderabad. 2 The Commissioner, Gadwal tVunicipality, Gadwal,ltrlahaboobnagar District. ,..Respondents
Petition under Section 482 of Cr. P.Cpraying thatin thecircumstances stated in the Memorandum of Grounds ofCriminal Petition, the High Court may be pleased toquash the FlR.No. 109 of 2016of Police Station GadwalTN, Mahabubnagar District in the interest ofjustice.
l.A. NO: 1 OF 201 6(CRLPM P,NO:11716 0F2016)
Petjtion under Section 482 of Cr.P.Cprayingthat in the circumstances stated in the Memorandum of Groundsof Criminal Petition, the High Court may be pleased to stay allproceedingsincluding the arrestof the Petitioner in pursuance of F.l.R.No. 109 of 2016 on the file ofPoliceStation GadwalTN, pending disposal of the Quash Proceedings,in the interestof justice.
t.A. NO: 1 0F 2017(CRLPM P. NO: 3269 F 2017\
Between:
The State of Telangana,represented by its Public Prosecutor, HighCourt, at Hyderabad
...Petitioner/Respondent
AND
... Respondent/comprainant
Petition under Section 482 of Cr.P.Cprayingthat in the circumstances stated in the Memorandum of Groundsof Criminal Petition, the High Courtmay bepleased to vacate the staygrantedin Crl.P.No.10743 ol 2016 on the file of High court, daled. 25.07.2016.
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and uponhearing the argumentsof Sri S. GOUTHAM, Advocate for the Petitionerand the Public Prosecutor on behalf of the Respondents.
The Court made the following:ORDER
1'lll'l IIONtll.l. Ilr..lt S'l l( [](i' ltADllA ll.;\Nl CRllll.\1. l'E'l l-IION No.l07.l3 of2016
ORl)I:It:
'lhis pctition is filed by thc petitiortct /accused under Section 482 Cr.P.C. to quash the FIR No. 109 of 2016 on the file ofGadwalTown Policc. Station. Mahabr-rbnagar Districtregistered againsther forthe oft'cnce rrnder Section i53 lPC.
Administration and Cadrval Municipalitl reprcsentcd bl Cornnrissioncr Gadwal, Mahabubnagal to dcclare the acrion ol tlre 2"1 r'cspondent in not disposing ol the application subrrittecl bv hcr on l(r-9-201.1 as illegal and contrary to the building pe'rrrit rLrles. The said wrir petition was disposed ofby an order dated l4-7-2015 directing lhc petirioncr ro submit a fresh application and directing the Courmissioner to process the building application submitted by lier rvithin 3 rveeks fiom the date ofreceipt of further representation. Following the above directions, the Commissioner issued building petmit order after receiving the requisite fee of Rs.8,965/-. She started construction at her plot after receipr ol permit order dat ed, 22-8-201 5 .
permi!. The allegation of the Commissioner that he himself visitedthe petitiorier's construction site was false. In the complaint itwasstated that the orvner was not available at the spot as such impleadingheras an accusedrvas illegal andprayed toquash theFIR registeredagainst drc petitioner.
"353. ,4ssault ot crininul .fi.trtc tct clcler public servant Iromtlischttrgeol ltis clt .t.'
Whoet'er ttssaults or ttscs c'rintinal .lbrc:e loanyperson being a publit scrNutll it1 lhc execulirtttof his duly as such public ser).ult, ot ttillt intenl toprerenl or deter that persotl .frorn clischurging hisdutl' as suchpublic set'vanl, or in conseqttence of anythingdone or attempted to be clt.tnc b.t'ttchper.sonin the lawful dischttrge o/ his dut.t ussuLh pul)liLservant, shall be ptrnished v,ith impri.tonntcnt ol' either description.fora term which may e.\len(l tott1)o )'eors,or with fine,or r,ith both."
t
Mahabubnagar District registered against the petitioner.
Miscellaneous petitions pending, ilany, shall stand closed.
l
To,
SD/-I.NAGALAKSHMI ASSISTANT RfGISTRAR //TRUE COPY// SECTION OFFICER
t"f:l>
HIGH COURT
DATED:'18/0212022
ORDER
CRLP.No.10743 of 2016
1 e- TAf6
(:
o:l [ 3 lli.[ 2122 ":
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,
ALLOWING THE CRIMINAL PETITION
3 issues framed by the court
Whether the FIR against the complainant for assaulting the Commissioner was maintainable when the petitioner was not present at the site of alleged obstruction.
Whether an FIR registered for obstructing a public servant must specify the accused in the complaint.
Whether the High Court is empowered to quash proceedings under Section 482 Cr.P.C. to prevent abuse of process.
2 provisions across 2 enactments
Smt Sujatha
State of Telangana
Commissioner, Gadwal Municipality
Dr. Justice G. Radha Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
