LAWS(TLNG)-2020-10-71

KOREPU RAJALINGAM Vs. STATE OF TELANGANA

Decided On October 09, 2020
Korepu Rajalingam Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings in Crime No.165 of 2020 pending on the file of the Station House Officer, Mallial Police Station. The petitioners herein are accused in the said crime. The offences alleged against the petitioners are under Section - 107 of Cr.P.C.

(2.) Heard learned counsel for the petitioner, and learned Assistant Public Prosecutor. Perused the record.

(3.) The learned counsel for the petitioners would submit that the Police have no power to register a case for the offence punishable under Section 107 of Cr.P.C. There is procedure prescribed to register a case for the offence under Section 107 of Cr.P.C. He would further submit that in the present case, the Police have not followed the procedure laid down under Section 107 of Cr.P.C. while registering the case and seeks to quash the present crime. He has placed reliance on an unreported judgment of Madras High Court dated 09.11.2017 in Criminal O.P. (MD) No.15216 of 2017 and Criminal M.P. (MD) No.10113 of 2017.