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2024 Supreme(AP) 543

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA, J.
Sirigiri Venkatesh and Others - Appellants
Versus
The State Of Andhra Pradesh and Others – Respondents
Criminal Petition No. 9774 of 2018
Decided on : 20-08-2024

Advocates:
Advocate Appeared:
For the Appellant : SWAPNA PRIYA CHAKKILAM
For the Respondent: PUBLIC PROSECUTOR (AP), DHANUNJAYA BARU

IMPORTANT POINT
The court emphasized the necessity of reasoned orders in judicial decisions and the inherent power to quash proceedings that constitute an abuse of the legal process.

Headnote:

Quash - Criminal Proceedings - Cr.P.C. Section 482 - The court discussed the inherent powers under Section 482 of the Cr.P.C. to quash proceedings that abuse the process of law, emphasizing the necessity of reasoned orders and the importance of preventing injustice.

Fact of the Case:

The petitioners sought to quash a protest complaint filed against them after a police investigation deemed the initial complaint false. The respondent alleged assault by the petitioners, while the petitioners claimed the respondent initiated the conflict.

Finding of the Court:

The court found that the lower court's order lacked reasoning and that the complaint was a counterblast to a previous conviction against the respondent, thus constituting an abuse of process.

Issues: Whether the complaint against the petitioners in CC.No.183 of 2018 should be quashed under Section 482 of Cr.P.C. due to lack of reasoning and abuse of process.

Ratio Decidendi: The court held that the lack of reasoning in the lower court's order and the nature of the complaint as a retaliatory measure warranted quashing the proceedings.

Result: The petition is allowed, and the proceedings in C.C.No.183 of 2018 are quashed.

ORDER :

This petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in C.C.No.183 of 2018 (Protest Petition) on the file of the Judicial Magistrate of I-Class Nandaluru.

2. Accused Nos.1 to 15 are the petitioners herein and respondent No.2 is the complainant. The respondent No.2 has submitted a complaint to the Sub Inspector of Police, Penagaluru Police Station, stating that he is a cooli worker; that on 03.05.2015 at 08.30pm, when he went to the public tap to get drinking water, found the 6th petitioner herein washing clothes and when he requested her to go aside, the 6th respondent has abused the respondent No.2 herein in filthy language. Subsequently, the respondent No.2 was pushed down and was beat by the petitioner Nos.1 to 5 herein and while so, he was also bet with stick on the left side of his head and also on his chest, which caused him a bleeding injury. Subsequently, the respondent No.2 was admitted in Government Hospital, Rajampet for treatment by one Kanche Sreenivasulu and Kayala Rajamohan. Basing on the said complaint, the Police have registered F.I.R.No.22 on 05.05.2015 against the petitioner Nos.1 to 5 herein, for the offences punishable under Section 324 read with 34 of IPC.

3. Thereafter, the Sub-Inspector of Police, Penagalur Police Station has continued further investigation and addressed a letter to the Sub- Divisional Police Officer, Rajampet Sub-Division on 17.07.2015, the relevant portion of the same is extracted hereunder:

    “…My investigation in this case so for made disclosed that on examination LW1, he corroborated with his FIR report in all aspects. But the eye witnesses LW’s 2 to 5, they stated that – “they are residents of Jadavaripalli (V), Penagalu (M) and living by coolly works and witnessed the offence occurred on 03.05.15 at 06.00 PM. While they are in the street near public tap, at that time the alleged accused A.6 by name Sireesha was present at the public tap. Then the complainant and his brother came to her and scolded A.6 and outraged her modesty in the public place and threatened her with dire consequences. On that on 04.05.15, the alleged accused A.6 went to Penagalur PS and reported a case against the complainant and his brother. They further stated that none were bet the LW.1 with sticks, hands and legs, in that scuffle LW.1 himself slipped and fell down and sustained bleeding injury on his head and chest. With mollified intention after knowing the case booked against him and his brother, on the same night he voluntarily got admitted in Government Hospital, Rajampet and gave a false written report. And the contents made by LW1 in his report are totally false and baseless.”

4. Upon receiving the aforesaid letter dated 17.07.2015, the Sub- Divisional Police Officer, Rajampet vide R.C.No.199/SDPO-RJPT/15, dated 17.07.2015 has permitted to refer the case as “false”. Aggrieved by the same, the respondent No.2 has filed a private complaint (protest complaint petition) on 02.02.2018 on the file of the Judicial Magistrate of I-Class, Nandaluru against the petitioners herein under Sections 147, 148, 324, 323, 506 read with 149 of IPC. Upon such protest complaint petition, the learned Magistrate on 06.08.2018 has taken cognizance of the said complaint under the aforesaid sections and issued summons to the petitioners herein. The present criminal petition is filed seeking to quash the complaint in C.C.No.183 of 2018 on the file of learned Judicial Magistrate of I-Class, Nandaluru.

5. During the course of arguments, learned counsel for the petitioners while reiterating contentions raised in the petition has further contended that on 03.05.2015, when the 6th petitioner herein was fetching water at a public tap, she was abused by the 2nd respondent and his brother in filthy language and beat her. The same was reported to the Police and after investigation a case in C.C.No.108 of 2015 was filed wherein the respondent No.2 and his brother are accused

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