LAWS(TLNG)-2020-10-91

RAPOLU RAMMURTHY Vs. STATE OF TELANGANA

Decided On October 06, 2020
Rapolu Rammurthy Appellant
V/S
State of Telangana Respondents

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.200 of 2020 pending on the file of the Station House Officer, Raghunathpally Police Station, Jangaon District. The petitioners herein are A.1 to A.5 in the said Crime. The offence alleged against the petitioners is under Section - 107 of Cr.P.C.

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