GADDAMSETTI SWATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to quash the proceedings in Crime No.110 of 2020 pending on the file of the Station House Officer, Zaffargadh Police Station, Jangaon District. The petitioner herein is the sole accused in the said Crime. The offence alleged against him is under Section 107 of Cr.P.C.

(2.) Heard Sri D. Bhaskar Reddy, learned counsel for the petitioner, and learned Assistant Public Prosecutor for the respondents. Perused the record.

(3.) Sri D. Bhaskar Reddy, learned counsel for the petitioner, would submit that the Police have no power to register a case for the offence punishable under Section 107 of Cr.P.C. There is procedure prescribed to register a case for the said offence. He would further submit that in the present case, the Police have not followed the procedure laid down under Section 107 of Cr.P.C. while registering the case and accordingly seeks to quash the present crime. In support of his contention, the learned counsel for the petitioner has placed reliance on an unreported judgment of Madras High Court dated 09.11.2017 in Criminal O.P. (MD) No.15216 of 2017 and Criminal M.P. (MD) No.10113 of 2017.