S DASHMANTHA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The accused, eight in number, in Calendar Case No. 114 of 1994 on the file of the Judicial Magistrate of First Class, Gazwel, Medak District, have filed these two petitions under section 482 of the Code of Criminal Procedure (for short 'the Code') to quash the case taken cognizance of against them by Sri P. Prabhakar, the then Judicial Magistrate of First Class, Siddibet, Medak District, for offences under sections 172, 173, 176, 177, 181, 182, 193 read with Sections 107 and 120-B, I.P.C., on the complaint given by himself on 8-4-1994 under section 190(1)(c) of the Code. A-2, A-6, A-7 and A-8 are the petitioners in Criminal Petition No. 2498 of 1994. They are the practising advocates at Siddipet. A-1, A-3, A-4 and A-5 are the petitioners in Criminal Petition No. 2529 of 1994. A-2 is the advocate for A-1, A-5 is the sister of A-1. The interse relationship of other accused is not clearly stated in the complaint.

(2.) The facts, as culled out from the complaint, that are relevant for the purpose of these petitions may be stated thus : On 28-2-1994, A-1 made an application - Cri. M.P. No. 458/94 through her counsel (A-2), for issuance of search warrant under section 197 of the Code in the Court of the Judicial Magistrate of First Class, Siddipet, complaining that her grand-daughter aged about 9 years and grandson aged about 7 years (children of her deceased son) were wrongfully confined in the house of one Bitra Lakshminarayana. Again on 3-3-1994, she made another application - Crl. M.P. No. 489/94 in the same court for the same relief and through the same counsel against one Gadipally Krishna Moorthy of Sattupalli, Khammam District. Thereupon, the court appointed A-8, an advocate at Siddipet, as Commissioner, clothing him with a search warrant. He executed the warrant and produced the minor children before the court. On 4-3-1994, they were entrusted to A-1, duly obtaining an undertaking from her that she would produce them before the court as and when directed. Then on 8-3-1994. Smt. Sarada, the mother of the minor children filed Crl. M.P. No. 523/94 seeking custody of her children, duly serving a copy of the same on A-2. On the same petition, when the court directed A-1 and A-2 to produce the minor children, they failed to comply the same. Instead, A-1 on the advice of A-2 filed O.P. No. 136/94, in the court of the District Judge, Medak at Sangareddy, on 9-3-1994 with false allegations and obtained interim orders in I.A. No. 349/ 94. However, Smt. Sarada, the mother of the minor children having got the said order suspended by the High court filed Crl. M.P. No. 574/94 on 18-3-1994, wherein, the court directed the Sub Divisional Police Officer, Siddipet, to produce A-1 and the minor children. Accordingly, he produced them before the court on 19-3-1994. Thereupon, the Court, while passing final orders in Crl. M.P. No. 574/94 initiated proceedings against A-1 under Section 344 of the Code by registering S.T.C. No. 1/94. She was also given a show cause notice to explain as to why penal action should not be taken against her. Likewise, A-2 was also served with a notice on 28-3-1994 to show cause why the matter should not be referred against him to the Bar council of Andhra Pradesh and why penal action should not be initiated against him. It is stated that while A-2 submitted his explanation, A-1 did not choose to submit her explanation till 6-4-1994. At that stage, the court having stopped the proceedings in S.T.C. No. 1/94 laid a complaint before itself on 8-4-1994 against A-1 for offences punishable under Sections 172, 173, 176, 177, 181, 182, 183, 193 read with 107 and 120-B I.P.C., against A-2 for offences punishable under Sections 173, 176, 177, 187, 193 read with S. 107 and 120-B I.P.C; against A-3 and A-4 for offences punishable under Sections 173, 176, 177 read with S. 107 and 120-B I.P.C. against A-5 for offences punishable under Sections 176 and 177 I.P.C., and against A-6 to A-8 for the offences punishable under Section 172 read with S. 107 and 120-B I.P.C. It also took cognizance of the same on the very same day and registered it as Calendar Case No. 114 of 1994. The gravamen of the allegations against the accused is as follows : A-1 made a false statement before the court in Criminal M.P. Nos. 458/94 and 489/94 and flouted the direction of the court to produce the minor children. A-2 was aware of the false statement made by A-1 and thus abused the process of the Court. A-5 made a false endorsement on the report of the process server that A-1 had left for a long pilgrimage along with her two minor grand children on 8-3-1994. A-3 and A-4 certified the said endorsement of A-5 to be true and correct and on 18-3-1994 whisked away the minor children from Sarada Niketan High School, Siddipet, on the advice of A-1 and A-2. A-6 to A-8 actively assisted A-2 throughout.

(3.) It is stated that Sri P. Prabhakar was relieved of his office as Judicial Magistrate of First Class, Siddipet on 8-4-1994, the very day he laid the complaint consequent on his transfer to Punganoor in Chittoor District. It is borne out by record that on the request of his successor-in-office, the District Judge, Medak at Sangareddy, transferred the case to the court of the Judicial Magistrate of First Class, Gazwel.