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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SUJANA
Ram Rajaiah – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. allegations against accused based on complaint. (Para 2) |
| 2. allegations against petitioners deemed vague. (Para 3) |
| 3. arguments on validity of charges. (Para 4 , 5) |
| 4. requirement for valid complaint under ipc. (Para 6 , 9) |
| 5. legal provisions regarding cognizance. (Para 7 , 8) |
| 6. prosecution cannot be split under same transaction. (Para 10 , 11) |
| 7. petition granted; proceedings quashed. (Para 12) |
ORDER:
K. SUJANA, J.
This Criminal Petition is filed seeking the Court to quash the proceedings against the petitioners/accused Nos.1 to 11 in C.C.No.366 of 2021 on the file of the learned II Additional Judicial Magistrate of First Class, Huzurabad, registered for the offences punishable under Sections 186 , 290 and 506 read with 34 of the INDIAN PENAL CODE , 1860.
2. The brief facts of the case are that the defacto complainant lodged a complaint against the petitioners stating that the accused persons came to the Police Station and questioned her about registering a case. They allegedly abused her and ignored her response when she explained that the Officer was on another duty. When she asked petitioner No.3 why she was recording a video on her cell phone, all the accused person
Prosecution for offences under Section 186 I.P.C. requires a prior written complaint by a public servant, which, if absent, nullifies subsequent legal proceedings.
Proceedings under IPC Section 186 require a written complaint from a public servant; failure to comply renders the proceedings invalid.
Cognizance of offences under Section 188 of IPC requires a written complaint from a competent public servant, making the proceedings initiated without such a complaint liable to be quashed.
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