IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH MONDAY THE FOURTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION NO.6020 OF 2012
Between:
D.Jaya Kumar … Petitioner/Accused V/s.
The State of Andhra Pradesh Represented by Public Prosecutor High Court of AP Hyderabad … Respondents/complainant & Anr.
Counsel for Petitioner : Sri SVR Subramanyam Counsel for Respondents : Public Prosecutor for R-1 None appeared for R-2 The court made the following: [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION No. 6020 OF 2012
O R D E R:
This Criminal Petition is filed to quash proceedings in CC.No. 855 of 2011 on the file of III-Additional Metropolitan Magistrate Court, Gajuwaka, Visakhapatnam district, for alleged offences under section 498-A IPC and section 3 and 4 of Dowry Prohibition Act.
2. Heard both sides.
3. Advocate for petitioner submitted that Police without obtaining any permission from the learned Magistrate registered Crime No.361 of 2011 for an offence under section 506 IPC which is a non-cognizable offence and filed charge sheet and the same is not legal, therefore, it has to be quashed.
4. He further submitted that as per decision of this Court in JUVVADI RAGHU AND ORS. V/s. STATE, THROUGH SHO POLICE STATION VEMULAWADA, KARIMNAGAR DISTRICT [1] AND ANR ., offence under section 506 IPC is a non-cognizable offence and police have no power to investigate the said offence, therefore, proceedings have to be quashed.
5. On the other hand, learned Public Prosecutor submitted that Investigating Officer has not obtained any permission from the concerned Magistrate either for registration of FIR or for filing charge sheet for an offence under section 506 IPC.
6. I have perused the material papers filed along with this criminal petition.
7. Station House Officer, Malkapuram Police Station registered Crime No. 361 of 2011 on the report of Smt.D.Padma for offence under section 506 IPC.
8. As seen from the charge sheet, the accused is a Police Constable and a crime is registered against him on the complaint of his wife for an offence under section 498-A of IPC and CC is registered on the basis of said crime and it is posted for examination of witnesses to 27/09/2011 and this petitioner threatened the defacto complainant herein, who is figured as ‘witness’ in that case not to give evidence and that the alleged threat was on 29/09/2011. Admittedly, the offence alleged against petitioner is a non- cognizable offence. It is clear from the submission of learned Public Prosecutor no prior permission is obtained from the Magistrate concerned either for registering FIR or to proceed with the investigation. This Court in JUVVADI RAGHU AND ORS. V/s. STATE, THROUGH SHO POLICE STATION VEMULAWADA, KARIMNAGAR DISTRICT AND ANR., referred supra-1 observed as follows:
As per section 155 Cr.P.C., if information regarding non-cognizable offences is given to an officer in charge of a police station, he has to enter the substance of that information in a book to be kept in the form prescribed by the State Government, and refer the informant to the Magistrate. In this case, there is nothing on record to show that the police followed such procedure and obtained permission from the Magistrate to investigate into the case. Therefore, police taking cognizance and investigation into a non-cognizable offence without the permission of the Magistrate, is wholly contrary to the provisions of Cr.P.C. and is vitiated. Therefore, the proceedings against the accused in CC.No. 157 of 2005 are liable to be quashed and accordingly the same are hereby quashed.
9. In that case also an offence of 506 IPC which is non- cognizable was investigated. The plea of prosecution in that case was there was a G.O. permitting the Police Officers to register offence under section 506 IPC from the State Government but this Court held that the said G.O. ceases after expiry of six months period and therefore, it is no more in existence and considering the same the proceedings in that case were quashed.
10. In the present case also, Police registered FIR in respect of non-cognizable offence and filed charge sheet, which is taken on file by the learned Magistrate. The facts of this case are similar to the facts of the decision referred above and considering the principles laid down in the above referred decision, I am of the view that proceedings in CC.No. 855 of 20121 on the file of III-Additional Metropolitan Magistrate, Gajuwaka, Visakhapatnam district are liable to be quashed.
10. For the above reasons, the proceedings in CC.No. 855 of 2011 on the file of III-Additional Metropolitan Magistrate, Gajuwaka, Visakhapatnam, are hereby quashed and this criminal petition is allowed.
11. As a sequel, miscellaneous petition if any, pending shall stand closed.
JUSTICE S. RAVI KUMAR .
04/08/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 6020 2012 Circulation No. 4 9 Date: 04/08/2014 Court Master : I s L Computer No. 43
[1] ) 2006 [3] ALT [Crl.] 167 (AP)