V.CELLULIOD ENTERTAINMENT Vs. STATE OF A.P.

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the proceedings in F.I.R.No.154 of 2018 on the file of the Chilakaluripet Town Police Station, Guntur, registered for the offences punishable under Ss. 188, 418, 420 read with Sec. 34 of Indian Penal Code (for short "I.P.C.").

(2.) Accused Nos.1 to 3 are the petitioners herein and respondent No.2 is the complainant. Respondent No.2 filed complaint under Sec. 200 of Cr.P.C. before the Magistrate concerned, and the same was forwarded to the police, upon receiving the same, police registered the said complaint as F.I.R.No.154 of 2018. In the said complaint, it is alleged that petitioner No.1 is a firm doing entertainment business under the name and style of "V Celluloid Entertainment LLP", situated at K.R.Complex (three screens), Chilakaluripet. Petitioner Nos.2 and 3 are the managing partners of petitioner No.1. On 20/10/2017 at about 11.00 am., the complainant went to cinema at V Celluloid, K. R. Complex (3 theaters), Chilakaluripet. At the entrance of the theatre, petitioner No.1 firm was collecting parking charges from the complainant for his two wheeler vehicle, then the complainant informed that there is no parking charges as per the judgment of Hon'ble A.P. High Court in "Ch.Madan Mohan and others Vs. Municipal Corporation of Hyderabad, dtd. 2/5/2003". The management of the petitioner No.1 firm replied that they do not care about the said judgment and dishonestly collected parking charges of Rs.20.00 coercively from the complainant and also from all the audience of the locality. Petitioner No.1 firm dishonestly has been collecting parking charges of Rs.10.00 for each cycle, Rs.20.00 for each two wheeler and Rs.40.00 for each four wheeler and got wrongful gain by causing wrongful loss to the complainant as well as the audience by disobeying the order of Hon'ble A.P. High Court, dtd. 2/5/2003 in "Ch.Madan Mohan and others Vs. Municipal Corporation of Hyderabad". Petitioner No.1 having knowledge about the A.P. High Court Order, is causing wrongful loss to the complainant as well as audience, thereby cheats and dishonestly induces the complainant as well as the audience to deliver huge amount to petitioner No.1 firm. Petitioner Nos.2 and 3 are jointly and severally liable for the criminal acts done by petitioner No.1 firm, when a criminal act is done by several persons in furtherance of the common intention of all, each person is liable for such act, basing on the said complaint, police registered F.I.R.No.154 of 2018 for the offences punishable under Ss. 188, 418, 420 read with 34 of I.P.C.

(3.) The present petition is filed on various grounds mainly on the ground that the Inspector of Police has no authority to register a crime in view of bar under Sec. 195 of Cr.P.C. for the offence punishable under Sec. 188 of I.P.C.