MANNEPALLI MOHAN RAO Vs. P V RAMANA

JUDGEMENT

(1.) Alleging that on 15-3-2004 at about 1.30 p.m., petitioner was found brandishing a curved knife on a public road hurling out abuses, giving out that persons coming near would be killed with the knife in his hand and thereby created panic in a public place, the Station House Office, I Town Police Station; Rajahmundry, registered a case in crime No.127 of 2004 under Section 506 IPC and Under Section 25 of the Arms Act (for short 'the Act') against the petitioner. This petition is filed to quash the said FIR.

(2.) The main contention of the learned Counsel for the petitioner is that petitioner is falsely implicated in the case for his having refused to accept the proposal of a compromise mooted by the State House Officer, (who registered the case against the petitioner) in connection with a family dispute among the family members of the petitioner. It is his contention that since the allegations in the FIR do not disclose that any particular person was threatened or was intimidated by the petitioner, Section 506 IPC is not attracted and since the knife allegedly seized from the possession of the petitioner is not beyond the length of the knife prescribed in the notification No.13/203/78-Home (G), FIR against the petitioner is liable to be quashed, by placing strong reliance on the observations in Paragraph 78 of Kalpnath Rai etc. etc. v. State (through CBI), 1997 (2) ALD (Crl.) 805 (SC) = 1997 (4) Crimes 227(SC).

(3.) Heard the learned Additional Public Prosecutor.