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2024 Supreme(Online)(AP) 20777
HIGH COURT OF ANDHRA PRADESH
SMT. VENKATA JYOTHIRMAI PRATAPA, J
SRI P. ASHOK GAJAPATHI RAJU – Appellant
Versus
STATE OF ANDHRA PRADESH – Respondent
CRIMINAL PETITION Nos: 4204 AND 4415 OF 2021
For the Appellants/Petitioners: N ASHWANI KUMAR
For the Respondents: PUBLIC PROSECUTOR (AP)
The High Court quashed criminal proceedings against individuals for lack of evidence substantiating charges of unlawful assembly and criminal intimidation, emphasizing the protection against misuse of criminal law.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 143, 353, 506, 342, 109 read with 34 - Quashment of criminal proceedings - Charges against accused for unlawful assembly and criminal intimidation not substantiated as no assault or criminal force was used - Court found invocation of proceedings to be mala fide and quashed the FIR against the accused - No case made out under IPC Sections as the accusations lacked requisite elements - (Paras 18-21)
(B) The inherent powers of the High Court under Section 482 CrPC must be exercised in cases of abuse of process of law or glaring injustice; the essence of justice can only be served by quashing the proceedings against accused. (Paras 12-14)
| Table of Content |
|---|
| 1. introduction of the case and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. overview of allegations made against the accused. (Para 5 , 6 , 7 , 8) |
| 3. arguments presented by the petitioners for quashing. (Para 10 , 11 , 12 , 13) |
| 4. court's reasoning and consideration of the evidence. (Para 14 , 15 , 16 , 17) |
| 5. court's observations on specific charges against the accused. (Para 18 , 19 , 20) |
| 6. final ruling and quashing of the fir. (Para 21 , 22) |
COMMON ORDER
These instant petitions under Section 482 of Code of Criminal Procedure, 1973 , [For short ‘the Code’] have been filed by the Petitioners seeking quashment of proceedings against them in Crime No.509 of 2021 of I Town Police Station, Vizianagaram Town & District, registered for the offences punishable under Sections 143 , 353, 506, 342, 109 read with 34 of the Indian Penal Code, 1860 .2
2. Petitioners in Crl.P.No.4415 of 2021 are the Accused Nos.1 to 11 and Petitioner in Crl.P.No.4204 of 2021 is the Accused No.12 in Cr.No.509 of 2021.
3. The contents of the complaint, in brief:
a. It is stated that on 17.07.2021 at about 02.30 P.M., an unruly crowd of nearly 150 to 200 members entered in the fort campus claiming to represent the MVGR Engineering College staff. They forcibly entered in the chambers of the Executive Officer, asked for a meeting without any prior appointment or information. Respondent No.2 allowed them to meet him to find out the issue. Immediately they surrounded the office room of Respondent No.2 along with media and started shouting and raising slogans as “Executive Officer Down- Down – We want justice, etc”. They have created nuisance and hurdles to a time bound Government sanctioned audit of the MANSAS account being done. More than 50 people entered the office room of Respondent No.2 and intimidated by using indecent language. Some of the members in the crowd are Accused Nos.1 to 11 and they have confined Respondent No.2 in chambers for three hours and thereby obstructed in doing his legitimate duties and also scolded him like anything and shouted with loud voice. They have surrounded the table of Respondent No.2 by beating on table and warned with dire consequences.
b. It is further alleged that the Chairman, MANSAS Trust i.e., Accused No.12 had provoked the agitators and sent them to the Trust office. The tone of the crowd indicate that Respondent No.2 was under constant fear of danger to his life and suffering serious mental agony because of such illegal acts of Accused Nos.1 to 11.
c. Finally, it is alleged that the Petitioners formed into an unlawful assembly, committed criminal intimidation, illegal confinement of a Government servant, preventing him from discharging his duty, verbal assault and an attempt to damage reputation and goodwill of Respondent No.2 as well as MANSAS Trust.
4. The brief contents of the Petitions filed herein are;
a. Based on the letter addressed by the Respondent No.2-Defacto Complainant to the police on 19.07.2021, F.I.R.No.509/2021 came to be registered for the offences punishable under Sections 143 , 353, 506, 342, 109 read with 34 IPC .
b. It is stated that the Accused No.12 being head of the Gajapathiraju family, attends the needs and requirements of the public of Vizianagaram District. Due to the change of Government in Andhra Pradesh, pursuant to Legislative Assembly Elections in the year 2019, the incumbent Government had targeted the Petitioners and their Institutions.
c. As in March, 2020, the Accused No.12 was abruptly removed as the Chairman of MANSAS Trust, started by his father Late Sri P.V.G.Raju in the year 1958, he filed W.P.Nos.,6694 of 2020 & batch and the same were allowed on 14.06.2021 reinstating the Petitioner/Accused No.12 as Chairman of MANSAS Trust.
d. It is stated that the Respondent No.2 had been acting on the dictates of the Government of Andhra Pradesh, causing innumerable hurdles to Petitioners for the smooth conduct of affairs of the MANSAS Trust. On 17.07.2021 i.e., after t
