G RAJESHEKAR REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This is a petition filed by eighteen (18) residents of Gadwal Town under Section 482 of Code of Criminal Procedure, 1973(Cr.P.C.) to quash first information report in crime No.21 of 2005 of Town Police Station, Gadwal. The case was registered on a complaint given by none other than the Sub Divisional Executive Magistrate-Cum-Revenue Divisional Officer, Gadwal on 23-1-2005 at 23.00 hrs. and also based on three other incidents. A reading of the petition, the First I nformation Report and the relevant file would show the following events leading to registration of crime No.21 of 2005.

(2.) After death of Akkala Saibaba, who was Municipal Chairman of Gadwal, his wife Smt. Akkala Rama Saibaba was elected as chairperson. Presumely, at her instance, Gadwal Municipality initiated action to erect the statue of late Akkala Saibaba on the main road at Rajiv Chowk, Gadwal. Sri G. Vijay Kumar, filed a writ petition being W.P.No.6764 of 2003 before this Court challenging the action of the Municipality on the ground that erection of the statue without permission from competent authority is illegal. This Court disposed of the writ petition on 12-8-2003 directing the Municipality that the proposed statue shall not be installed in any place within the limits of Gadwal Municipality. The present chairperson of Municipality, Smt. Akkala Rama Saibaba moved this Court by filing a review petition being Rev.W.P.M.P.No.27846 of 2004. By order dated 18-11-2004, this Court allowed the review petition modifying the earlier order to the effect that the statue of late Akkala Saibaba, ex-Municipal Chairman may be erected at any place in Gadwal Municipality otherthan Rajiv Chowk of main road, Gadwal. It is the case of the petitioners that the chairperson and others, thereafter erected the statue in the premises of Municipal Office on 16-1 -2005 but the same was removed as per the orders of the Revenue Divisional Officer dated 19-1-2005 and the statue is lying in the Office of Mandal Revenue Officer, Gadwal. When the statue was being removed, Smt. Akkala Rama Saibaba and others obstructed the officials and tried to commit cognizable offence. All of them were arrested under Section 151 of Cr.P.C., and later released on personal sureties. In connection with the same episode, crime No. 9 of 2005 under Sections 147, 323, 353 read with Section 149 of Indian Penal Code, 1860 (IPC) was also registered against unidentified persons on an allegation that they pelted stones on the officials.

(3.) On 22-1 -2005, the petitioner Nos.4 and 5 allegedly performed "rail-roko" programme and tried to commit cognizable offence. As a preventive measure, police arrested them and released on personal bond in crime No. 5 of 2005 at Railway Police Station, Mahaboobnagar. On 23-1-2005, the Revenue Divisional Officer, Smt. T.K. Ramamani gave a complaint to S.H.O., P.S., Gadwal (Urban) against thirteen (13) persons informing that they obstructed her from performing her regular official duties and criminally restricted her movement and boarded into the jeep in front of Bal Bhavan, at 10.00 p.m., on 23-1 -2005. The said complaint was registered as crime No. 14 of 2005 of Town Police Station, Gadwal under Sections 147, 341, 353 read with Section 149 of IPC. According to the First Information Report in crime No. 21 of 2005, on 4-2-2005, Sub Inspector of Police, Gadwal Town, received reliable information that the petitioner No. 18 and other petitioners are planning to commit theft of the statue of Akkala Saibaba, which was kept in the Office of the Mandal Revenue Officer, and to erect it at Municipal Office premises of Gadwal. But no crime was registered and the Inspector only made an entry in the general diary of Town Police Station, Gadwal. On 11-2-2005 at 11.00 hrs, one Smt. T. Vijaya Sree, Town Planning Supervisor of Gadwal Municipality lodged a complaint with Town P.S., that Akkala Rama Saibaba, Municipal Chairperson and her followers are harassing her and due to their harassment, she cannot perform her routine duties and asked for legal protection. An entry was made in the general diary to that effect by the Officer-in-charge of police station. Based on the complaints and entries in the general diary, crime No.21 of 2005 was registered under Section 107 of Cr.P.C., and a report was submitted to the Court of Executive First Class Magistrate-cum-Revenue Divisional Officer, Gadwal for necessary action.