GANDROTHU PATTABHI Vs. STATE OF A P

JUDGEMENT

(1.) Heard both sides.

(2.) This petition under Section 482 of Cr.P.C. seeks quashing of proceedings against the petitioners in respect of offence under Section 354 of IPC.

(3.) It appears on the basis of complaint by one Gogulamma, a First Information Report was recorded at Police Station, Angara, East Godavari District in Crime No. 25 of 1998. After investigation,the said police filed a charge-sheet against the petitioners for offences under Section 324 IPC read with Section 149 of IPC. However, on a perusal of the First Information Report given by the de facto complainant and the statements of witnesses recorded under Section 161 of Cr.P.C., the learned Judicial First Class Magistrate, Alamuru found that the offence made out includes an offence under Section 354 of IPC also. The learned Counsel for the petitioner challenges this and contends that the learned Magistrate acted irregularly. The contention is that in the absence of any fresh material, the learned Magistrate ought not to have taken cognizance of the offence under Section 354 of IPC against the accused.