Ganipineni Krishna Mohan Naidu, v. THE STATE OF AP
CRLP/3802/2019 · 2025-02-03
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15213 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15213 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010192012019
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
CRIMINAL PETITION NO: 3802/2019
Between:
Ganipineni Krishna Mohan Naidu, and Others
...PETITIONER/ACCUSED(S) AND
The State of AP ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused(S):
1. T M VANI
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR (AP)
The Court made the following:
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ORDER:
This Criminal Petition is filed by the Petitioners/Accused Nos.1 to 4 under Section 482 of Cr.P.C., 1973 to quash the F.I.R in Cr.No.138 of 2019 of Ongole II Town Police Station, Prakasam District. 2. None appeared for the petitioners/A1 to A4. 3. Learned Assistant Public Prosecutor representing the State/respondent is in attendance. 4. The case of the petitioners is that the Station House Officer, Ongole II Town Police Station registered FIR in Crime No.138 of 2019 on 29.05.2019 for the offence under section 107 of Cr.P.C. on the allegations that there are family disputes existing between two groups i.e., A-Party & B-Party and civil cases were also filed before Court and both parties are frequently quarrelling with each other at the house bearing Door No. 39-1-1/54, Kakathiyanagar, Thurpu Kammapalem, Ongole, thereby causing disturbances to public peace and tranquility in the vicinity. The petitioners herein are in A-Party. It was further alleged that various crimes have been registered against both groups i.e., A-Party & B-Party in Ongole II Town Police Station and the cases are pending and therefore, they need to be bind
3 over to keep peace in order to desist them from committing offences and in order to ensure peaceful living of general public in that locality as required U/s.107 Cr.P.C. Seeking to quash the said proceedings, the petitioners filed the present Criminal Petition. 5. As per the F.I.R., the offence is under Section 107 Cr.P.C., which reads as under:
1.
“When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit”. 6. In view of the fact that the proceedings under Section 107 Cr.P.C., is only for a period of one (01) year and in the instant case as it was initiated on 29.05.2019 which was filed four (04) years back as such this Court is of the opinion that the cause in the criminal petition does not survive for further adjudication and the same has become infructuous. 7. Accordingly, the present Criminal Petition is dismissed as infructuous. 4
As a sequel thereto, the interlocutory applications, if any, pending in this Criminal Petition shall stand closed. ___________________ JUSTICE V.SUJATHA 03.02.2025 Pmk
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164 THE HONOURABLE SMT. JUSTICE V. SUJATHA
CRIMINAL PETITION NO:3802 of 2019
Date: 03.02.2025
Pmk