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V. R. K. KRUPA SAGAR
Allu Arjun – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT /ORDER :
A movie star and a former Member of Legislative Assembly who are arraigned as A1 and A2 respectively filed this criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS )/ Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) seeking to quash F.I.R. in Crime No.71 of 2024 of Nandyal II Town Police Station, Nandyal District registered for the offence punishable under Section 188 I.P.C.
2. Heard arguments of Sri Y. Nagi Reddy, the learned Counsel for petitioners and Sri K. Sandeep, the learned Assistant Public Prosecutor for respondent-State.
3. Perused the record.
4. The following point falls for consideration :
Point :
5. Sri Y. Nagi Reddy, the learned Counsel for petitioners cited the statute and the precedent and contended that the very registration of F.I.R. is in violation of the statute and the precedent and therefore, the same shall be quashed. The learned Counse
An FIR under Section 188 IPC cannot be registered by police without a prior written complaint from the concerned public servant, hence quashing it secures the ends of justice.
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
The court cannot assess the truthfulness of allegations in an FIR at the quashing stage; it must determine if the FIR discloses a prima facie case for proceeding.
Section 195 of Cr.P.C. reads as prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
The inability of police to register FIR under Section 188 IPC without a written complaint from an authorized public servant renders proceedings unsustainable.
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