SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(AP) 57

High Court of Andhra Pradesh
B. SESHASAYANA REDDY, J.
G. Pal Vijay Kumar
Versus
The State of A.P., through the Public Prosecutor
Criminal Revision Case No.170 of 2013
Decided On : 04-02-2013

Advocates Appeared:
For the Petitioner:Ramesh Kuthumbaka, Advocate.
For the Respondent: Addl. Public Prosecutor.

Headnote:Penal Code 1860, Sections 109, 147, 148, 341, 324, 323, 427 and 149---Criminal Procedure Code 1973 - Section 203 - Complaint - Omission to examine complainant on oath under S.200 of Code, is an irregularity---If complainant is prejudiced on that count he is entitled to an order that subsequent proceedings are invalid -- Dismissal of complaint under S.203 without adopting procedure under S.200, is illegal and cannot be sustained.

Judgment :

This Criminal Revision Case is directed against the order, dated 21.01.2013, passed in C.F.R.No.15 of 2013 on the file of the Junior Civil Judge, Kalwakurthy, Mahaboobnagar District, whereby and where under the learned Junior Civil Judge dismissed the complaint under Section 203 Cr.P.C. for lack of sufficient ground.

2. Facts in brief are: Mr. Subhash Patriji was the founder of Pyramid Spiritual Societies for promoting vegetarianism and meditation. He organized 11 days programme at Kadtal village in the name of ‘Prapancha Maha Dhyana Chakra-III’. The said programme was successfully completed. However, this has become an eye-sore to some sections of people. TV9 channel telecasted its self-styled story. A complaint was lodged against Mr.Subhash Patriji before the Station House Officer, Ammangal Police Station, Mahaboobnagar District, alleging, inter alia, that on 02.01.2013 at 10.00 A.M. Brahmarshi Subash Patriji and men of Ashoka Builders proprietor Vijaybaskar Reddy have attacked the persons concerned with TV9 Channel. The said complaint came to be registered as a case in Crime No.1 of 2013 for the offences punishable under Sections 109, 147, 148, 341, 324, 323, 427 r/w.149 IPC. Sri G.Pal Vijay Kumar claiming to be associated with Mr.Subhash Patriji presented a complaint in the Court of the Judicial Magistrate of First Class, Kalwakurthy, Mahaboobnagar District, under Section 200 Cr.P.C. alleging that respondent-Vemulapally Ashok Kumar, Senior Reporter, TV9 Channel, misdirected the public servants by making a false complaint before the Station House Officer, Ammangal P.S., Mahaboobnagar District. According to the complainant, on the relevant date, Mr.Subhash Patriji was not at the place of offence stated in Crime No.1 of 2013 of Ammangal P.S. For better appreciation, I may refer paras.4 to 8 of the complaint, which read as hereunder:

“While in fact, that on 01.01.13 Mr.Patriji left Kadtal Village at about 4.00 PM and reached to Kurnool town at about 9.30 PM. That on 02.01.2013 at 8.00 AM Mr.Patriji left Kurnool Town and reached Ballary Town at about 11.30 AM to attend a marriage programme at the invitation of Mr.Mallikarjun Maski. He attended the marriage at Sree Ragvendra Kalyana Mandapa, 1st Cross, Satyanarayana Pet, Ballary, Karnataka State and later he took rest at Hotel Bala Regency, Parvathi Nagar, Main Road, Ballary town, for a period in between 01.00 PM to 5.00 PM and in the evening at about 6.00 PM he inaugurated a Pyramid at the house of Mr. M.Hanumantha Rao, at D.No.17-18, Brundavana Colony, 1st Cross, Tharalatha Hospital, Ananthapur Road, Ballari Town, Karnataka State. All these programmes were videographed/Photographed and the same are enclosed herewith for kind perusal.

5. It is evident from the videos and photographs, invitations, hotel bills and other documents that Mr. Subhash Patriji was not in the State of Andhra Pradesh or at the scene of offence, whereas the accused lodged written complaint, voluntarily as if Mr. Subash Patriji was present at the place of offence. It is nothing but giving a false information to the SHO. 6. It is further submitted that the accused intentionally gave a false complaint before the SHO to demine the name & fame of Mr. Subash Patriji in the society by involving him in a false case and enable the investigating officer to use his lawful power to arrest Mr. Subash Patriji.

The accused gave false information with intent to cause public servant (SHO) to use his lawful power to cause injury of another person.

The accused being Senior Reporter of TV9 Channel knows that in consequence of his complaint the police will make enquiries, searches in the village of Kadtal / offices of Trust on the cited accused in his complaint. Thus accused has committed an offence.”

The learned Junior Civil Judge perused the complaint and proceeded to dismiss the complaint under Section 203 Cr.P.C. for lack of sufficient ground, by order, dated 21.01.2013. The said order is assailed in this Crimin


















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top