ASADUDDIN OWAISE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This matter has been placed before us on a reference made by a learned single (Judge) of this Court viz., C. Y. Somayajulu, J. for a decision on the following question :"Whether the investigation conducted by a Police Officer, in respect of a cognizable offence that occurred in his presence in which he is not a victim, and in respect of which he lodges a report, gets vitiated or not, and whether the decision of this Court in Maddu Lakshmana Rao v. State of A.P., 2000 (2) ALD (Cri) 147, lays down the correct proposition of law ?"

(2.) The Criminal Petition under Section 482 of the Code of Criminal Procedure was filed by accused 1 and 2 who were charge-sheeted along with others for the offences punishable under Sections 147, 148, 332, 307, I.P.C. and Sections 3 and 4 of P.P.D. Act and Section 7 of Criminal Amendment Act in Crime No. 49 of 1998 on the file of Shamsheergunj Police Station, Hyderabad, seeking quashing of the proceedings in S.C. No. 264 of 2000 on the file of the 1st Additional Metropolitan Sessions Judge, Hyderabad.

(3.) Facts :A first information report was lodged by the Inspector of Police, Shamsheergunj Police Station on his own report alleging that the petitioners and others formed themselves into an unlawful assembly and obstructed him and other Police Officers from discharging their duties as Public Servants and caused injuries to them and damage to police vehicles and R.T.C. buses by pelting stones and a case was registered for the above offences. The Investigating Officer took up the investigation although he himself is a complainant. The case was investigated and the matter was committed to the Court of Session. At that stage, an application under Section 482, Cr. P.C. was filed.3A. Before the Referring Judge strong reliance has been placed on Maddu Lakshmana Rao's case (2000 (2) ALD (Cri) 147). A learned single Judge of this Court, in the said decision, placing reliance on the decision of this Court in Xavier v. State of Kerala, 1998 Cri LJ 3182, as also a decision of the Apex Court in Bhagawan Singh v. State of Rajasthan, 1975 SCC (Cri) 737 : (1976 Cri LJ 713), inter alia, held that investigation gets vitiated if the complainant himself investigates the offence. In terms of the said finding, the proceedings subsequent to the recording of the First Information Report were quashed and a fresh investigation by a competent officer was directed to be taken up.Relevant provisions of the Statute :