Failure to follow the mandatory procedure under Section 155 (2) of the Cr.P.C. renders proceedings liable to be quashed.

ORDER :

Heard Mr. Chandrasekhar Reddy Gopireddy, learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.1. Despite service of notice, there is no representation on behalf of respondent No.2.

2. This Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings in S.T.C. No.182 of 2021 pending on the file of XXVI Metropolitan Magistrate, Ibrahimpatnam, Ranga Reddy District.

3. The petitioners herein are accused Nos.1 and 2 in S.T.C. No.182 of 2021. The offences alleged against them are under Sections - 323 and 504 of the India Penal Code, 1860 (for short ‘IPC’). The allegations levelled against the petitioners herein are that on 07.08.2021 at about 2.00 p.m., the petitioners herein abused the de facto complainant and assaulted her.

4. Perusal of the record would reveal that Yacharam Police Station had received the complaint dated 08.08.2021 at about 9.30 A.M. According to them, they have made G.D. entry on 08.08.2021, obtained permission from the XXVI Metropolitan Magistrate, Ibrahimpatnam on the same day i.e., 08.08.2021 as required under Section - 155 (2) of the Cr.P.C. Thereafter, they have recorded the statements of three (03) witnesses and laid the charge sheet.

5. Perusal of the record would also reveal that Mrs. Nimmaraju Kishtamma, wife of N. Mallaiah and sister of petitioner No.2 and sister-in-law of petitioner No.1, had filed a suit vide O.S. No.256 of 2021 against the petitioners herein and others for partition and separate possession. The learned Principal Junior Civil Judge, Ibrahimpatnam vide order dated 14.07.2021 in I.A.No.559 of 2021 directed the petitioners herein and other defendants not to alienate the suit schedule property therein. According to the petitioners, the said suit is pending and the said interim order is subsisting. The petitioners herein have also filed a writ petition vide W.P. No.18821 of 2021 against the said Smt. Nimmaraju Kishtamma and the Police Officials questioning their action in calling the petitioners to the police station and directing to settle the disputes without following the procedure laid down under law. In the said writ petition, the learned Government Pleader submitted that the said Smt. Nimmaraju Kishtamma had given a complaint against the petitioners herein, investigation is under process. If the investigation reveals that the disputes between the petitioners and the said Smt. Nimmaraju Kishtamma are civil in nature, the police will not interfere with them. Recording the said submission, this Court closed the said writ petition on 05.08.2021. Despite the said submission, the police have violated the said order. Therefore, the petitioners herein have filed a contempt case vide C.C. No.1097 of 2021. In the said contempt case, the Station House Officer, Yacharam Police Station has filed counter stating that he had received the complaint from respondent No.2. On receipt of the said compliant, an entry was made into the Station House General Diary, after inquiry action will be taken as it appears non-cognizable contents in nature attracting the provisions of Sections - 323 and 504 of IPC. To know the veracity in the contents of the compliant of the complainant, who is the mother-in-law of petitioner No.1 and mother of petitioner No.2, the Station House Officer summoned the petitioners herein to the police station and got the matter enquired with them. When the petitioners appeared before him, at that time, the complainant orally stated to him that they did not provide any food for the last few days to them and daily came to their house and quarrelling with her and beat her. After hearing the same, immediately, the petitioners scolded the complainant, abused them in filthy language and trying to hold her neck before him. Therefore, the police pacified them and sent them away from the police station. Except the same, nothing had happened as alleged in the a