K GURAVAIAH Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioners 1 to 4 who are shown as A group in F.I.R No.91 of 2010 issued by the Inspector of Police, Kurnool II Town Police Station under Section 145 Cr.P.C, for quashing the said F.I.R under Section 482 Cr.P.C.

(2.) This Court at the outset wondered as to how a crime can be registered in the police station and how F.I.R can be issued in a matter relating to Section 145 Cr.P.C. The Inspector of Police Kurnool II Town Police Station by name Sri P.Srinivas was summoned by this Court and he was questioned by this Court about his propriety in issuing F.I.R in a matter relating to Section 145 Cr.P.C by registering the same as crime. The said police officer expressed that by mistake F.I.R was issued by registering the crime under Section 145 Cr.P.C and that it is a bonafide mistake. Having admitted that it is a mistake, it would be a question of fact whether the said mistake is a bonafide one or a malafide one tainted with oblique motive. The Public Prosecutor stated that he consulted some senior police officers, who expressed that no F.I.R can be issued in a matter relating to Section 145 Cr.P.C. The Public Prosecutor also stated that issuing F.I.R by registering a crime in a matter relating to Section 145 Cr.P.C is unknown to criminal procedure. The Inspector of Police stated that he has been working in the police department for the last 12 years and that 2 years ago he received his promotion as Inspector of Police. This Court understands a raw junior police officer who is recruited into service in the latest batch committing mistakes which are in the nature of blunders; and this Court could not comprehend as to how a senior police officer of the rank of Inspector of Police who had put in 12 long years of service in the department committed such mistake which can be classified blunder. Even though the Andhra Pradesh Police Academy is conducting periodical training programmes and re-orientation courses for all level of police officers in the State, some police officers like the Inspector of Police herein are not able to even understand basics of Criminal Procedure. Whether he is a police officer or any other officer of the Government, he is governed by rule of Law. The police officers who are in-charge of maintenance of law and order and detection and investigation of crimes are governed by the Code of Criminal Procedure, 1973 in their functions and it is part of rule of Law to be followed by them.

(3.) Section 154 (1) Cr.P.C deals with receiving and registering of information relating to commission of cognizable offences. The said provision reads as follows: 154. Information in cognizable cases:-