LAWS(TLNG)-2020-10-115

THUMKUNTA MADHAVA REDDY Vs. STATE OF TELANGANA

Decided On October 05, 2020
THUMKUNTA MADHAVA REDDY Appellant
V/S
State Of Telangana And Another Respondents

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in Crime No.283 of 2020 pending on the file of the Station House Officer, Boinapally Police Station, Hyderabad. The petitioner herein is accused No.3 in the said Crime. The offence alleged against the petitioner is under Section - 107 of Cr.P.C.

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

(3.) The learned counsel for the petitioner 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.