NALLABETLA RAJAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to quash the proceedings in Crime No.108 of 2020 pending on the file of the Station House Officer, Zaffargadh Police Station, Jangaon District. The petitioners herein are Accused Nos.1 and 2 in the said Crime. The offence alleged against them is under Section - 107 of Cr.P.C.

(2.) Heard Sri D. Bhaskar Reddy, learned counsel for the petitioners, and learned Assistant Public Prosecutor for the respondents. Perused the record.

(3.) Mr. D. Bhaskar Reddy, 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 said offence. 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 accordingly seeks to quash the present crime. In support of his contention, the learned counsel for the petitioners 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.