D. KASAIAH Vs. SUNKARA SRINIVASULU AND ORS.

JUDGEMENT

(1.) WHETHER , on the ground that there was manipulation of the First Information Report by Officer in charge of Police Station while registering a crime, the First Information Report as also the criminal proceedings commenced on the basis of a charge sheet laid thereunder before the Magistrate are liable to be quashed is the question that arises for consideration in these appeals filed by the de facto complainant and the then Station House Officer, Owk Police Station, Kurnool District respectively against the common order of the learned single Judge in W.P. No. 24030 of 2010 and Crl. Petition No. 5521 of 2012 dated 3.12.2012 quashing the FIR in Cr. No. 94/2010 of Owk Police Station and the proceedings before the Judicial Magistrate of First Class, Banaganapalli in C.C. No. 254 of 2010. Incidentally, while quashing the First Information Report in Cr. No. 94/2010 and the proceedings in C.C. No. 254 of 2010, the learned single Judge also issued a direction to the Superintendent of Police, Kurnool to keep the then Station House Officer, Owk Police Station (2nd respondent in the Writ Petition) under suspension forthwith and launch necessary disciplinary proceedings under Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 or/and any other relevant Rules as well as criminal proceedings for the offences committed by him and report compliance of the same to this Court immediately.

(2.) THE Writ Petition is filed by the accused in Cr. No. 94/20110 for a writ of mandamus declaring the action of the Station House Officer in registering the crime as arbitrary, illegal and vitiated by colourable exercise of power violating the provisions of the Constitution of India. The Criminal Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records in C.C. No. 254 of 2010 dated 4.10.2010 on the file of the Judicial Magistrate of first Class, Banaganapalli and to quash the proceedings therein.

(3.) THE First Information Report herein relates to an incident that had taken place on 23.6.2010 at about 2.00 p.m. before the Office of the Sub -Registrar, Owk, Kurnool District. On information received from the Sub -Registrar, the de facto complainant (D. Kasaiah), the appellant herein, who is working as Head Constable of Owk Police Station along with P.C. 2605 and P.C. 2551 rushed to the Sub -Registrar's Office where he found 1. Chinna Venkateswarlu, 2. Midde Sriramulu, both residents of Owk village, 3. Srinivasulu who is working as Head Constable, Pathikonda Police Station and his two sons are quarrelling each other, when the de facto complainant tried to stop the quarrel and tried to bring them to the Police Station, Mr. Srinivasulu abused P.C. 2605 stating that he is also a police constable and know the rules and how dare they could take them to the Station and so saying abused and caught hold of his collar who was in uniform obstructing them from discharging their official duties. This complaint was signed by the de facto complainant -HC 122 and received by the Station House Officer - (2nd respondent in the Writ Petition) at 3.00 p.m. on the same day and who endorsed and registered it as Cr. No. 94/2010 against 1. Chinna Venkateswarlu, 2. Midde Sriramulu, 3. Sunkara Srinivasulu, 4. Sunkara Sreedhar and 5. Sunkara Venkatesh. The petitioners placed on record a computerized copy of the said FIR registered by the S.H.O. as Crime No. 94/2010.