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2004 Supreme(AP) 1335

Andhra Pradesh High Court
Judges : C.Y.SOMAYAJULU
V.Sudheer Reddy - Appellant
Versus
R.Rama Mohan Rao, Municipal Commissioner, Uppalkalan - Respondent
Crl.P.No.1348/02
Decided On : 11-10-04
Advocates Appeared :
Mr.B. Venkataratnam, Mr.B. Vijaysen Reddy

Headnote:CRIMINAL LAW (AMENDMENT) ACT,1932, Sec10(3) - CRIMINAL PRO-CEDURE CODE, Sec155 - INDIAN PENAL CODE, Secs186 & 506 - Police laid charge sheet against petitioner for offences u/Secs186 & 506 IPC which are made non cognizable - Magistrate taking cognizance of same - If information with regard to non-cognizable offences is given to officer in-charge of Police Station he has to enter substance of that information in a book kept in form prescribed by State Government and refer informant to Magistrate

       In this case Police not obtained permission from Magistrate to investigate case - Police taking cognizance and investigating into non-cognizable offence without permission of Magistrate, wholly contrary to provisions of CrPC - Hence vitiated - Proceedings against petitioner, quashed - Petition, allowed

C. Y. SOMAYAJULU, J.

( 1 ) ON the basis of a complaint given by the 1st respondent, the Station House Officer, uppal Police Station, having registered a case in crime No. 367 of 1999. laid a charge sheet against the petitioner for offences under Sections 186 and 5061 PC, which was taken cognizance of by the learned magistrate as C. C. No. 464 of 2002. This petition is filed to quash the proceedings in the said C. C.

( 2 ) THE main contention of the learned senior counsel for the petitioner is that since petitioner gave a report against the 1st respondent on 11-11-1996, which was registered as crime No. 361 of 1999 under section 3 (1) (x) of the Schedule Caste and scheduled Tribes (Prevention of Atrocities) act. 1st respondent as a counter blast gave a false complaint against the petitioner with a view to harass him and so the proceedings are liable to be quashed.

( 3 ) THE contention of the learned counsel for the 1st respondent is that since the allegations in the complaint and the investigation made by the police show commission of the offences alleged, there are no grounds to quash the proceedings.

( 4 ) SINCE offences under Sections 186 and 506 IPC, are non-cognizable offences as per Cr. P. C. , I heard the learned counsel on the maintainability of the charge-sheet filed by police. It is seen that by virtue of a notification in G. O. Ms. No. 732 Home (Court-B) dated 15-12-1991. (issued under criminal Law Amendment Act, 1932 and ordinance No. 6 of 1972) published in a. P. Gazettee Part I Extraordinary, dated 09-12-1991, offences punishable under sections 186, 188, 189, 190, 228, 295-A, 298, 505, 506 and 507 IPC are made cognizable offences and offences under sections 188 and 506 IPC are made non-bailable offences. It should be noted that ordinance No. 6 of 1972 was promulgated amending certain provisions of the Criminal law Amendment Act, 1932. After the said ordinance lapsed, the Criminal Law amendment Act, 1932 was amended by a. P. Act 25 of 1979. In view of Section 1 (2) of the Criminal Law Amendment Act, 1932, that Act had no application to the territories which, immediately before the 1st november, 1956, were comprised in part B states. So it is clear that the Criminal Law amendment Act, 1932, was not in force in hyderabad District of which Uppal, which presently is in Ranga Reddy District, was a part. It is only by virtue of Act 25 of 1979, i. e. , the Criminal Law Amendment Act (A. P. Extention and amendment) Act 1979 was the Criminal Law Amendment Act, 1932 extended to the whole of A. P. with effect from the date of that Act, By virtue of that a. P. Act 25 of 1979, sub-section (3) was introduced in Section 10 of the Criminal Law (Amendment) Act, 1932. The said Sec. 10, as amended reads thus:"10. Power of State Government to make certain offences cognizable and non-bailable: 1. The State Government may, by notification in the official Gazette declare that any offence punishable under Sections 186, 188, 189, 190, 228, 295-A, 295, 505, 506 or 507 of the indian Penal Code, 1960 (45 of 1860), when committed in any area specified in the notification shall, not withstanding anything contained in the code of Criminal Procedure, 1898 (5 of 1898), be cognizable and thereupon the Code of Criminal Procedure, 1898, shall, while such notification remains in force, be deemed to be amended accordingly. 2. The State Government may, in like manner and subject to the like conditions, and with the like effect, declare that an offence punishable undef Section 188 or Section 506 of the Indian Penal Code (45 of 1860), shall be non-bailable. 3. A notification issued under subsection (2) shall be in force for six months only, but the State Government may, by a like notification, extend it for any period not exceeding six months if they are satisfied that in the public interest it is necessary or expedient so to do. "

( 5 ) THUS it is clear from sub-section (3) of section 10 of the Criminal Law Amendment act, 1932, that any notification issued




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