A VIJAYA KUMAR Vs. STATE OF A P

JUDGEMENT

(1.) This is an application to quash the proceedings against A-2, A-11, A-12, A-15 and A-18 in CC.No.171 of 2001 on the file of the Court of Judicial First Class Magistrate, Wanaparthy.

(2.) The case of the prosecution is that petitioners, who have business establishments at Wanaparthy, have closed their shops in pursuance of a bandh call given by the CPI (ML) Peoples War Group on 28-5-2001 and hence have committed an offence under Section 8(1) of the Andhra Pradesh Public Security Act, 1992 (the Act). 2. The contention of the learned Counsel for the petitioners is that since petitioners are in no way connected with the activities of the CPI (ML) Peoples War Group, and closed down their establishments only with a view to protect and preserve their property and since this Court in Criminal Petition No. 4184 of 2001 by the order dated 7-4-2002 quashed the proceedings against some of the accused in the case similarly placed as petitioners, the proceedings against the petitioners also may be quashed. The contention of the learned Additional Public Prosecutor is that since the petitioners have closed their shops in obedience of the bandh call given by CPI (ML) Peoples War Group the provisions of Section 8 [l]of the Act apply to the petitioners. .

(3.) Section 8(1) of the Act reads: