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2012 Supreme(AP) 1200

SAMUDRALA GOVINDARAJULU
Sunkara Srinivasulu – Appellant
Versus
Station House Officer – Respondent


Advocates appeared:
For the Petitioners:Gopala Krishna Kalanidhi, Advocate.
For the Respondents: G.P. for Home, J. Janaki Rami Reddy, Public Prosecutor.

ORDER

The petitioners 1 to 4 in the writ petition as well as in the criminal petition are A.1 to A.4 in Cr.No.94 of 2010 of Owk Police Station of Kurnool District. They are accused of offence punishable under Section 353/34 IPC. They filed the writ petition under Article 226 of the Constitution of India seeking mandamus declaring action of the 1st respondent/Station House Officer, Owk Police Station in registering F.I.R.No.94 of 2010 as arbitrary, illegal, colourable exercise of power, vitiated by settled principles of legal position and violative of fundamental and constitutional right guaranteed to the petitioners under Article 14, 19 and 21 of the Constitution of India; and consequently quashing the same. After completing investigation, the police filed charge sheet in that crime for the said offence against A.1 to A.4 in the Court of Judicial Magistrate of the First Class, Banaganapalli, Kurnool District and it was taken cognizance by the Magistrate for the above offence as C.C.No.254 of 2010. For quashing criminal proceedings in C.C.No.254 of 2010, the criminal petition is filed under Section 482 Cr.P.C.

2. Even though criminal petition is filed questioning procedure adopted by


























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