(1) This petition is filed by the petitioners 1 to 4 who are shown as A group in F.I.R No.91 of 2010 issued by the Inspector of Police, Kurnool II Town Police Station under Section 145 Cr.P.C, for quashing the said F.I.R under Section 482 Cr.P.C.

(2) This Court at the outset wondered as to how a crime can be registered in the police station and how F.I.R can be issued in a matter relating to Section 145 Cr.P.C. The Inspector of Police Kurnool II Town Police Station by name Sri P.Srinivas was summoned by this Court and he was questioned by this Court about his propriety in issuing F.I.R in a matter relating to Section 145 Cr.P.C by registering the same as crime. The said police officer expressed that by mistake F.I.R was issued by registering the crime under Section 145 Cr.P.C and that it is a bonafide mistake. Having admitted that it is a mistake, it would be a question of fact whether the said mistake is a bonafide one or a malafide one tainted with oblique motive. The Public Prosecutor stated that he consulted some senior police officers, who expressed that no F.I.R can be issued in a matter relating to Section 145 Cr.P.C. The Public Prosecutor also stated that issuing F.I.R by registering a crime in a matter relating to Section 145 Cr.P.C is unknown to criminal procedure. The Inspector of Police stated that he has been working in the police department for the last 12 years and that 2 years ago he received his promotion as Inspector of Police. This Court understands a raw junior police officer who is recruited into service in the latest batch committing mistakes which are in the nature of blunders; and this Court could not comprehend as to how a senior police officer of the rank of Inspector of Police who had put in 12 long years of service in the department committed such mistake which can be classified blunder. Even though the Andhra Pradesh Police Academy is conducting periodical training programmes and re-orientation courses for all level of police officers in the State, some police officers like the Inspector of Police herein are not able to even understand basics of Criminal Procedure. Whether he is a police officer or any other officer of the Government, he is governed by rule of Law. The police officers who are in-charge of maintenance of law and order and detection and investigation of crimes are governed by the Code of Criminal Procedure, 1973 in their functions and it is part of rule of Law to be followed by them.

Section 154 (1) Cr.P.C deals with receiving and registering of information relating to commission of cognizable offences. The said provision reads as follows: 154. Information in cognizable cases:-

(1) Every information relating to the commission of cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. Information as to commission of non-cognizable offence can also be received by the police officer and procedure for investigation of such information of non-cognizable offence by a police officer is set out in Section 155 Cr.P.C as follows: (1) When information is given to an officer-in-charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer, in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. 2. No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. 3. Any police officer receiving such order may exe