K.NAGESWARA RAO Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2022-1-61
HIGH COURT OF ANDHRA PRADESH
Decided on January 21,2022

K.NAGESWARA RAO Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents




JUDGEMENT

- (1.) Heard Mr. T. Janardhan Rao, learned counsel for the petitioner and Mr. Anand Kumar Kochiri, learned Assistant Public Prosecutor, for the State.
(2.) The petitioner has preferred the present application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') seeking quashing of the First Information Report bearing No.146 of 2013 at Alipiri Police Station, Tirupathi Urban, Chittoor District instituted under Sec. 353 of the Indian Penal Code, 1860 (hereinafter referred to the 'IPC').
(3.) The FIR was instituted on the basis of a written report given by the 2nd respondent - the then Tahsildar and Mandal Executive Magistrate, Tirupathi Urban addressed to the Station House Officer, Alipiri Police Station, Tirupati, under Roc.A/87/2008, dtd. 15/4/2013, in which it is alleged that on a piece of land on which the erstwhile High Court of Andhra Pradesh vide order dtd. 27/3/2008 in Writ Petition No.6472 of 2008, had directed for maintenance of status quo. When the officials on knowing that some unknown persons had erected a six-feet statue of Dr. B.R. Ambedkar on a one- foot cement block in the late hours of 14/4/2013, for ensuring compliance of the order, reached the site in question on 15/4/2013 at about 05.45 p.m., the petitioner is said to have reached the spot and objected to such action by the officials. On the said allegation, the FIR came to be instituted.;


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