APHC010072672022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1155/2022 Between: 1. KOLLURU SRIDHAR,, S/O ANJAIAH, AGED ABOUT 31 YEARS, R/O NANDURAPETA, ARUKURAKALANI, TENALI TOWN, GUNTUR DISTRICT. 2. UPPALA KARUNAKARA PRASAD, , S/O LAKSHMAN BABU,AGED ABOUT 45 YEARS, R/O NAZARAPETA, OLD VENKATESWARA HALL, TENALI TOWN, GUNTUR DISTRICT. 3. GUMMADI RAMESH,, S/O BHAVANNARAYANA, AGED ABOUT 48 YEARS, R/O NANDULAPETA, ZANDA CHETTU BAZAR, TENALI TOWN, GUNTUR DISTRICT. 4. MOAD NIYAZUDDIN, , S/O HUSSAIN, AGED ABOUT 54 YEARS, R/O NANDULAPETA, YANADI KALANI, NEARTENALI TOWN, GUNTUR DISTRICT. 5. BHATTA SOMESWARA RAO,, S/O KOTESWARA RAO, AGED ABOUT 49 YEARS, R/O GANGANAMMAPETA, TENALI TOWN, GUNTUR DISTRICT. 6. KURRA DHANUNJAYA, , S/O PRABHAKARA RAO, AGED ABOUT 49 YEARS, R/O GANGANAMMAPETA, TENALI TOWN, GUNTUR DISTRICT 7. KODALI VIDHYASAGAR,, S/O RAJASEKHAR, AGED ABOUT 36 YEARS, R/O NANDULAPETA, ARUKURAKALANI, TENALI TOWN, GUNTUR DISTRICT. 8. GUMMADI PRASAD, @ SAROJI BABU, S/O SITHARAMAIAH, AGED ABOUT 45 YEARS, R/O NANDULAPETA, ZANDA CHETTU BAZAR, TENALI TOWN, GUNTUR DISTRICT 9. TENALI SUDHAKAR,, S/O NAGESWARARAO, AGED ABOUT 53 YEARS, R/O ITHANAGAR, VSR COLLEGE, TENALI TOWN, GUNTUR DISTRICT. 10. PONDURU VIJAY,, S/O VENKATA RAO, AGED ABOUT 44 YEARS, R/O NANDULAPETA, DEVINENI PAVULU, TENALI TOWN, GUNTUR DISTRICT. 11. PENDYALA CHANDRA SEKHAR,, S/O ENKATESWARA RAO, AGED ABOUT 46 YEARS R/O GADDAM VARI STREET, TENALI TOWN, GUNTUR DISTRICT. 2 12. PENDYALA SUBBARAO,, S/O KONDAIAH, AGED ABOUT 62 YEARS, R/O GADDAM VARI STREET, TENALI TOWN, GUNTUR DISTRICT. 13. GAVIN DINESH BABU,, S/O SATYA SAI KUMAR, AGED ABOUT 27 YEARS, R/O GOLI DONKA ROAD, TENALI TOWN, GUNTUR DISTRICT ...PETITIONER/ACCUSED(S) AND 1. STATE REP BY ITS PUBLIC PROSECTOR, STATE, REP. BY IT'S PUBLIC PROSECUTOR, AMARAVATHI, ANDHRA PRADESH. 2. MAHITHA MADIRA, A/O NAGADAS, AGED ABOUT 27 YEARS, POLICE OFFICER, R/O TENALI II TOWN POLICE STATION, TENALI TOWN, GUNTUR DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. N SUBBA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 19731 has been filed, by the Petitioners/Accused Nos.1 to 4 and 6 to 14 seeking to quash the proceedings against them in C.C.No.592 of 2021 on the file of the Court of Additional Junior Civil Judge, Tenali, Guntur District for the offences under Sections 143, 188, 353 read with 149 of Indian Penal Code, 18602. 2. Heard Sri N.Subbarao, learned counsel for the Petitioners and learned Assistant Public Prosecutor for the State. 3. Learned counsel for the Petitioners would submit that there are no ingredients to attract the offences alleged against the Petitioners. He would submit that the case has been lodged against the Petitioners alleging that they 1 For short ‘CrPC’ 2 For short ‘IPC’ 3 conducted “Chalo Amaravati” programme without obtaining any permission and raised slogans as “Police Down Down” and “Government Down Down”. Learned counsel further submits that in view of the bar under Section 195 Cr.P.C the present case cannot be registered for the offence under Section 188 IPC. Learned counsel would finally submit that no prima facie case is made out against the Petitioners. Hence, prayed for quashment of the proceedings against the Petitioners. 4. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders. 5. For ready reference, Sections 141, 143 and 353 IPC are extracted hereunder: “141. Unlawful assembly.—An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is— First.—To overawe by criminal force, or show of criminal force, 12[the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second.—To resist the execution of any law, or of any legal process; or Third.—To commit any mischief or criminal trespass, or other offence; or Fourth.—By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.—By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.—An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. 143. Punishment.—Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 4 353. Assault or criminal force to deter public servant from discharge of his duty.—Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” 6. The complaint would show that it was given by a Police Personnel reporting that on 09.01.2020 at about 7.00 a.m., while Respondent No.2 was on duty, as the Petitioners, who belong to Telugu Desam Party, conducted “Chalo Amaravati” programme without obtaining any permission, they were arrested and kept in Police Station and aggrieved thereby, the Petitioners came out of the Police Station forcibly and raised slogans as “Police Down Down” and “Government Down Down” in front of the Police Station and thereby deterred Respondent No.2 from discharging her duty. The contents of the complaint would go to show that, nothing has been alleged to prima facie show any criminal intention on the part of the Petitioners to commit any of the offences alleged against the Petitioners. Further, as rightly put by the learned counsel for the Petitioners, in view of the bar under Section 195 Cr.P.C., the Police are not empowered to investigate into the offence punishable under Section 188 of IPC and file charge sheet basing on a police report. 7. Further, perusal of Section 141 would reveal that, an assembly of five or more persons will become unlawful assembly only when they have a common object and the said object falls within the categories mentioned above. In the case on hand, a perusal of the complaint shows that there is no mention of any of 5 the ingredients that can attract any one of the five categories mentioned in Section 141 IPC. Apparently, no criminal force is alleged to have been committed by the Petitioners. There is not even a whisper in the complaint about any resistance to the execution of any law or legal process. 8. Except a bald allegation, there is no material either to show that the Petitioners assaulted or used criminal force to deter Respondent No.2 from discharging her duty. There is also no allegation as to the intentional resistance or illegal obstruction to the lawful apprehension by the Petitioners and the common object for committing an offence. In such circumstances, this Court is of the view that the conduct alleged against the Petitioners does not satisfy the ingredients of Section 141 IPC i.e., unlawful assembly. When the allegations do not satisfy the ingredients of unlawful assembly, the offences under Sections 143, and 353 read with 149 IPC cannot be attracted and the Petitioners cannot be prosecuted for the said offences. 9. Accordingly, the Criminal Petition is allowed by quashing the proceedings against the Petitioners/Accused Nos.1 to 4 and 6 to 14 in C.C.No.592 of 2021 on the file of the Court of Additional Junior Civil Judge, Tenali, Guntur District for the offences under Sections 143, 188, 353 read with 149 IPC. Pending applications, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:27.01.2025 Dinesh 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 1155 OF 2022 Dt.27.01.2025 Dinesh