P. PATTABHI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") to quash the proceedings in Crime No.50 of 2013 of B.N.Kandriga Police Station, Chittoor District, for the offences punishable under Ss. 147, 148, 435, 109 and 353 read with Sec. 149 of The Indian Penal Code (for short "the I.P.C.") and Sec. 3(1) of Prevention of Damage to Public Property Act,1984 and Sec. 135(1) of The Representation of the People Act, 1951.

(2.) On a report lodged by respondent No.2, who was deputed as Polling Officer Stage-2 to conduct Sarpanch elections at Alathur village, the case in Crime No.50 of 2013 of B.N.Kandriga Police Station, Chittoor District was registered. It is alleged in the report lodged by the defacto complainant that on 23/7/2013 after completing the counting process, winning candidate was declared, and the declaration copy was affixed at the entrance of the school building, some unknown mob around 300 members both male and female formed themselves into unlawful assembly, armed with deadly weapons like stones, sticks and attacked the Polling station, damaged the doors of MPUP School, obstructed the polling staff and bundobust staff while discharging their legitimate duties and took out the ballot boxes, broken them and damaged the ballot papers and other materials. Basing on the report given by respondent No.2, the above crime was registered by the police and investigation had been taken up. At this stage, the petitioner/A.2 filed this Criminal Petition seeking to quash the proceedings in Cr.No.50 of 2013 of B.N.Kandriga Police Station, Chittoor District.

(3.) Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the 1st respondentState.