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.

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 :

"Whether registration of F.I.R. by police for the offence punishable under Section 188 I.P.C. and permitting the investigation agency to proceed further would be abuse of the process of the Court or would defeat the ends of justice requiring interference of this Court?

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 Counsel further submitted on merits of the facts alleged stating that even if all the facts mentioned in F.I.R. are taken to be true, they do not constitute either the offence alleged or any other offence. Therefore, seeks the interference of this Court.

6. Learned Assistant Public Prosecutor has not disputed the statute and the precedent cited by the learned Counsel for petitioners and submits that the petition may be disposed of in accordance with law.

7. On a written information filed by the Deputy Tahsildar, F.I.R. was registered and the written information reads as below :

“To,

The Circle Inspector,

II Town Police Station,

Nandyal.

Report given by P. Ramachandra Rao, F.S.T. Shift-1, Team-2, 139 of Nandyala Assembly Constituency.

Sir,

I am working as Deputy Tahsildar, Nandyal Rural and presently posted as F.S.T., Team-2, Shift-1, in-charge in view of the Assembly and Parliament General elections at Nandyala to be held on 13.05.2024.

Today i.e., on 11.05.2024, Nandyala RO directed me to participate in the program being conducted by former Chief Minister Sri Nara Chandra Babu and also further directed me to take video coverage from helipad to public meeting. On the directions of RO, I have discharged my duties as in-charge FST, Team-2, Shift-1. But on the same day Cine Actor Sri Allu Arjun came to Nandyala Town to meet Nandyala MLA Shilpa Ravi Chandra Kishore Reddy at his residence. A large number of people gathered there to catch a glimpse of the celebrity. I did not go to the residence of Shilpa Ravi Chandra Kishore Reddy for video coverage. But in the media videos, a large number of people gathered at the residence of Sri Ravi Chandra Kishore Reddy. Since Election Code is in force, the authorities invoked Section 144 Cr.P.C. as well as Section 30 of POLICE ACT . Therefore, the arrival of Allu Arjun coming to Nandyala without obtaining prior permission from RO, Nandyala knowing pretty well and he is celebrity, he has a fan following and if he comes, a large number of people and fans will gather. Thus, Sri Allu Arjun and Nandyala MLA Sri Shilpa Ravi Chandra Kishore Reddy violated Election Code. Hence this complaint is given to initiate action against them for violation of Election Code.

Sd/-xxx, 11.05.2024

P. Ramachandra Rao

F.S.T., Shift-1, Team-2.

139 Nandyal Assembly Constituency,

Cell No : 9440572918

Sir,

Received on 11.5.2024 at 14:30 hrs., and based on the strength of above complaint, I registered a case in Cr.No.71/2024, under Section 188 IPC of Nand