IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO
CRIMINAL PETITION No.531 of 2014
Between:
A.Ramanjaneyulu . PETITIONER/A1 And The State of A.P., rep.by its Public Prosecutor, High Court of A.P., Hyderabad . RESPONDENT The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.531 of 2014
ORDER:
The criminal petition is filed by the petitioner/A1 under Section 482 Cr.P.C. to quash the proceedings in Cr.No.101/2013 of Mudigubba Police Station, Anantapur District, registered for the offences punishable under Section 188 of IPC and under Section 214(1)(a) of Andhra Pradesh Panchayat Raj Act, 1994.
Heard the learned counsel appearing for the petitioner/A1 and the learned Additional Public Prosecutor, representing the State.
The case of the prosecution is that on 24.07.2013 at 10.30 a.m, H.C-222 and P.Cs-2669, 2914 and 1059 were on traffic duty at Mudigubba bus stand and found that there was a procession took out by the winning party in the Panchayat Elections under the leadership of the petitioner herein and others, then they asked the petitioner herein and others to show the permission for procession, but the petitioner herein and others failed to show any permission. The police personnel informed the petitioner herein and others that taking out procession without permission is an offence, but the petitioner herein and others did not care them and continued the procession. Basing on the report lodged by HC-222, the above crime is registered against the petitioner herein and others.
Section 214(1) of Andhra Pradesh Panchayat Raj Act, 1994 prohibits public meetings before the date of poll. The First Information Report clearly shows that the alleged procession was taken out by the winning party after announcement of the results of Panchayat Elections. Procession even without permission after declaration of the elections on the next day of the elections is not an offence under Section 214 of Andhra Pradesh Panchayat Raj Act, 1994.
In view of the above, I am of the view that continuance of the investigation by the police any longer will serve no useful purpose except resulting in undue hardship to the parties. Therefore, the investigation in the aforesaid crime can be quashed to meet the requirement of the justice. Consequently, the proceedings in Cr.No.101/2013 of Mudigubba Police Station, Anantapur District are hereby quashed against the petitioner/A1.
The Criminal Petition is accordingly allowed. Crl.P.MP.No.342/2014 shall stand closed in consequence.
R.KANTHA RAO,J Dated: 23.01.2014 Dsr