KOTTU SATYANARAYANA Vs. STATE OF A.P.

JUDGEMENT

(1.) IN this petition, filed under Section 482 Cr.P.C., the petitioner/accused seeks quashing of proceedings in C.C.No.155 of 2014 on the file of I Additional Judicial First Class Magistrate, Tadepalligudem, West Godavari District.

(2.) THE brief facts of the case are that LW1Mandal Development Officer, Tadepalligudem was deputed as Coordinator, Election Model Code of Conduct during General Elections held in 2014. LW2E.O.R.D. Pentapadu was deputed as Team leader, Flying Squad No.3 whereas LW3 Assistant Sub -Inspector and LW4Police Constable of Tadepalligudem Town Police Station were deputed as members of Flying Squad No.3 and L.W5videographer was deputed to assist LW2. While so, on 05.05.2014 at about 12 Noon when LWs.2 to 5 were moving in Tadepalligudem Town and when they reached bus stand road, they noticed the petitioner/accused who was contesting as independent candidate of Tadepalligudem Constituency, taking out a walkprocession with 300 members approximately without having any permission and thereby causing public nuisance in the town. The Flying Squad noticed that the accused and his members violated the Model Code of Conduct and orders promulgated by the election officers. On that LWs.2 to 5 gave a report to L.W1. He in turn gave a report to Station House Officer, Tadepalligudem Town Police Station for taking necessary action. The Sub -Inspector Town Police Station of Tadepalligudem registered a case in Cr.No.149/2014 under Section 188 IPC and investigated and filed charge sheet before the I Additional JFCM, Tadepalligudem who has taken cognizance and registered the case as C.C.No.155 /2014. Hence, the petition by the petitioner/accused.

(3.) HEARD .