SUNKARA SRINIVASULU & ORS. Vs. STATION HOUSE OFFICER & ORS.
LAWS(SC)-2016-3-141
SUPREME COURT OF INDIA
Decided on March 14,2016

Sunkara Srinivasulu And Ors. Appellant
VERSUS
Station House Officer And Ors. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These appeals challenge the validity of order dated 04.01.2013 passed by the Division Bench of the Andhra Pradesh High Court in Writ Appeal Nos. 1586 of 2012 and 1587 of 2012 insofar as it restores the criminal proceedings arising out of C.C. No. 254 of 2010 on the file of Judicial Magistrate, First Class, Banaganpalli, Andhra Pradesh, initiated pursuant to chargesheet filed in Crime No. 94 of 2010 at Owk Police Station, Owk Mandal, Kurnool District.
(3.) Having regard to the nature of controversy and the order which is proposed to be passed, it is not necessary to take note of the factual matrix in detail. Suffice is to mention that the appellant herein had filed petition under Section 482 of the Code of Criminal Procedure for quashing of the FIR in Crime No. 94 of 2010 particulars whereof are given above. The main reason for quashing of the FIR was that after the first FIR was lodged, it was substituted by the second FIR. In the second FIR, the de-facto complainant as well as the Station House Officer committed various manipulations therein which included deletion of certain names and adding the name of the de-facto complainant. The learned Single Judge of the High Court found merit in the averments made in the petition filed by the appellant giving a categorical finding about the manipulations made in the FIRs. It resulted in allowing the writ petition by quashing the aforesaid FIR. At the same time, the learned Single Judge also directed the Superintendent of Police, Kurnool District, to place the Station House Officer, who was, at the material time, Sub-Inspector of Police, under suspension and to initiate necessary disciplinary proceedings against him.;


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