Telangana High Court
CRLP/2179/2009 of Nallamathu Satyanarayana Vs The State of A.P on 30 December 2010
COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE THIRTYETH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2179 OF 2009. Between: Nallamathu Satyanarayana & Anr. … Petitioners V/s. The State of Andhra Pradesh
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESHAT HYDERABAD
THURSDAY THE THIRTYETH DAY OF DECEMBERTWO THOUSAND AND TEN
PRESENT
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2179 OF 2009.
Between:
Nallamathu Satyanarayana & Anr. … Petitioners
V/s.
The State of Andhra PradeshRepresented by its Public Prosecutor,High Court of Andhra PradeshHyderabad & Anr. … Respondents Counsel for the Petitioners : Sri E.V. Bhagiratha Rao Counsel for the Respondents : Addl.Public Prosecutor The Court made the following order : (order follows 2[nd] page)
CRIMINAL PETITION No.2179 OF 2009
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O R D E R:
This Criminal Petition is filed under section 482 Cr.P.C.seeking to quash the proceedings in Cr.No.28 of 20099 of NadendlaPolice Station against the petitioners and to pass such other suitableorders as this Court may deems fit and proper in the circumstances ofthe case.
2. The present criminal petition is filed challenging theregistration of Cr.No.28 of 2009 for the offence under section 107Cr.P.C. dated 06-3-2009.
3. The brief facts of the case are that the present petitionersare shown as A-9 and A-10 basing on the pendency of CC.No.249 of2006. The petitioners submits that in the said CC.No.249 of 2006 thepetitioners are not the accused and secondly it is submitted thatalready the case ended in acquittal on the basis of compound petitionarrived between the parties. Perused the record.
4. This Court is of the view that there is no provision to registerany FIR under section 107 Cr.P.C. Section 107 Cr.P.C. is aprocedural law whereby the Executive Magistrate is empowered totake action on the basis of the report forwarded by the police officialsconcerned. The present FIR cannot be called as “FIR” in the eye oflaw since the said FIR does not disclose any cognizable offence tobe investigated by the police officer concerned. Hence, the presentFIR in Cr.No. 28 of 2009 is liable to be quasdhed and accordingly thesame is hereby quashed.
5. The Criminal Petition is accordingly allowed.
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JUSTICE RAJA ELANGO
30-12-2010I s L
CRIMINAL PETITION No. 2179 OF 2009
Circulation No. 33Date:30-12-2010Court Master: IsLComputer No.43