SUNKARA SRINIVASULU & ORS. Vs. STATION HOUSE OFFICER & ORS.
SUPREME COURT OF INDIA
Sunkara Srinivasulu And Ors.
Station House Officer And Ors.
Click here to view full 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.;
Copyright © Regent Computronics Pvt.Ltd.