2019 Supreme(AP) 200
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. SATYANARAYANA MURTHY, J.
Karnam Bala Rama Krishna Murthy – Appellant
Versus
Bandla Suryanarayana Babu – Respondent
Criminal Petition Nos. 5143 and 5144 of 2018
Decided On : 12-11-2019
Advocate Appeared:
For the Appellant : Ramachandra Rao Gurram
For the Respondents: Learned Public Prosecutor
Headnote:
Criminal procedure code - Section 482 – Quash of criminal proceeding - The criminal petitions are filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/accused in C.C. Nos. 256 & 296 of 2008 on the file of III Additional Judicial First Class Magistrate, Ongole, now transferred to the Special Court for Trial of Criminal Cases/Relating to Elected MPs and MLAs at Vijayawada – Petitioner is arrayed as accused in both the calendar cases registered for the offences punishable under Sections 353, 186, 341, 506 & 509 of Indian Penal Code (for short I.P.C.) for obstructing and assaulting and intimidating the officials while they were discharging public functions. It is also averred in the charge sheet that this petitioner is also liable for punishment for the offence punishable under Section 509 of I.P.C. for insulting the modesty of Smt. Udayalakshmi, I.A.S. (L.W. 9)/first respondent in Crl.P. No. 5144 of 2018 and further liable for punishment under Section 7(1) of Criminal Law Amendment Act, 1932 for prejudice of employment – Held, Court cannot quash the proceedings merely on account of the bar to admit the evidence or on account of the decision in earlier C.C. No. 255 of 2008, since such admissibility of evidence can be decided by the Trial Court, if the prosecution proposed to examine the same witnesses before the Magistrate or Sessions Court, where the case is pending. Hence, 1 am not inclined to exercise the inherent power under Section 482 Cr.P.C. to quash the proceedings against this petitioner and having found no merit in the contention of the learned counsel for the petitioner – Petition dismissed
ORDER :
M. Satyanarayana Murthy, J.
1. Both the criminal petitions are filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/accused in C.C. Nos. 256 & 296 of 2008 on the file of III Additional Judicial First Class Magistrate, Ongole, now transferred to the Special Court for Trial of Criminal Cases/Relating to Elected MPs and MLAs at Vijayawada.
2. As the grounds urged in both the criminal petitions are one and the same, hence, I find it expedient to decide both the petitions by common order. Crl.P. No. 5143 of 2018 is taken as a leading petition.
3. The petitioner is arrayed as accused in both the calendar cases registered for the offences punishable under Sections 353, 186, 341, 506 & 509 of Indian Penal Code (for short 'I.P.C.') for obstructing and assaulting and intimidating the officials while they were discharging public functions. It is also averred in the charge sheet that this petitioner is also liable for punishment for the offence punishable under Section 509 of I.P.C. for insulting the modesty of Smt. Udayalakshmi, I.A.S. (L.W. 9)/first respondent in Crl.P. No. 5144 of 2018 and further liable for punishment under Section 7(1) of Criminal Law Amendment Act, 1932 for prejudice of employment.
4. The first respondent/Bandla Suryanarayana Babu who was the then Superintending Engineer, Projects at Ongole submitted a complaint to the Station House Officer, Maddipadu Police Station dated 17.09.2006 alleging that Government included Kandulu Obulreddy Project (Gundlakamma Project) as one of the prioritized water project and intended to supply water to the backward areas of Prakasam District to an extent of Ac. 30,000. The engineers struggled day and night to implement the same. On 16.09.2006, on account of heavy rain in the upper regions of Gundlakamma river, the flood water flown over the lands of the farmers through the diverted channels. In this regard, the first respondent/Bandla Suryanarayana Babu along with Executive Engineer went to remove cofferdam. When the villagers of Mallavaram obstructed them, he convinced them and started to work. Then, one Raghava, a villager of Mallavaram obstructed them from removing the cofferdam to minimise the damage. The police convinced him. Thereafter, 50 villagers of Mallavaram obstructed them. At the same time, the villagers of Mallavaram under the leadership of Raghava conducted "Rasta Roko". When the Deputy Superintendent of Police, Ongole went to prevent "Rasta Roko", asked them about their problems. They replied that, if the executive engineer gives answers they will call off 'Rasta Roko'. Then the Superintending Engineer went to Mallavaram and patiently answered their doubts. On 17.09.2006, the Superintending Engineer along with the District collector, technical advisors and chief engineers together went to the project for verification. After verifying the project, they came to Mallavaram Village and answered the questions put to them by Mallavaram villagers. At about 1:00 p.m., MLA of Addanki, Sri Karanam Balaramakrishna Murthy used bad language referring them as "vadu, veedu" and subjected the first respondent to mental agony. Hence, requested to take action against Karanam Balaramakrishna Murthy who subjected the officials to humiliation before the public.
5. It is also contended that the District Collector and District Magistrate of Ongole also lodged a report on 17.09.2006 to the II Town Police, Ongole with regard to the same incident. The II Town Police in turn sent the said report to Maddipadu Police Station on the point of jurisdiction who registered the same as Crime No. 131 of 2006 on 18.09.2006 for the same offences Sections 353, 186, 341, 506 & 509 of I.P.C. and Section 7(1) of Criminal Law Amendment Act, 1932, The gist of the complaint is that the petitioner is said to have used bad language against her saying as "siggu lekunda matladuthunnav