KPDELA SIVA PRASAD RAO Vs. KORITALA VENKATA RAMANAIAH

JUDGEMENT

(1.) This Criminal Petition has been filed under section 482 of the Code of Criminal Procedure Code by the accused in C.C.No.107 of 2003 on the file of the II Additional Munsif Magistrate, Narasaraopet to quash the proceeding therein.

(2.) Background facts leading to filing of this Criminal Petition by the accused in C.C.No.107 of 20003 on the file of the II Additional Munsif Magistrate Narasaraopet, in brief, are:-

(3.) Election to Vadlamudivaripalem Gram Panchayat was held on 20-08-2001. Some untoward incident occurred whereby weaker section people were allegedly prevented from exercising their franchise. The police took some stern action against the culprits responsible for disturbing the election process. A1 to A4 (Kodela Siva Prasada Rao, Vemulapalli Venkata Narasaiah, Pulimi Ramireddy and Linga Venkateswarlu) reached Vadlamudivaripalem and resorted to rasta roko and dharna on the high way leading from Narasaraopet to Rompicherla via Vadlamudivaripalem in the village center as a mark of protest for the police action. It is alleged that Al lay down on the road surrounded by the woman folk of Telugu Desam Party and thereby disrupted the moment of traffic on road and caused inconvenience to commuters. The efforts made by the Joint Collector, Guntur and the Special Observer for elections did not bear fruits in persuading the accused to desist from making rasta roko and dharna. The complainant was proceeding to Vadlamudivaripalem village to see his grand daughter. Due to the rasta roko and dharna organized by the accused along with a mob of five to six hundred people, he could not proceed further on the road and thereby the accused wrongfully restrained and confined him. The action of the accused and others in organizing rasta roko on a public high way disrupting the normal traffic and causing inconvenience to commuters by preventing them from proceeding to their destinations amounts wrongful confinement within the meaning of Section 342 IPC. The villagers of Vadlamudivaripalem have sent a report to the concerned police besides marking the of the same to the Chief Minister and the Home Minister. Since no action was taken on the said report, the complainant choose to present a complaint before the 1st Additional Munsif Magistrate, Narasaraopet under Section 200 Cr.P.C., for the offence under Section 342 read with 143 IPC. The learned Magistrate recorded the sworn statements of the complainant and three other witnesses produced by him and proceeded to take cognizance of the case for the offences under Section 283, 341 and 342 IPC and issued process. Hence, the Criminal Petition by the accused invoking the inherent jurisdiction under Section 482 Cr.P.C to quash the proceeding therein.