GADIRAJU VENKATA SATYA SUBRAMANYA RAJU Vs. STATE OF A.P.
LAWS(APH)-2019-10-49
HIGH COURT OF ANDHRA PRADESH
Decided on October 22,2019

Gadiraju Venkata Satya Subramanya Raju Appellant
VERSUS
STATE OF A.P. Respondents




JUDGEMENT

Cheekati Manavendranath Roy, J. - (1.)This petition under Section 482 of Cr.P.C is filed by the petitioners seeking quash of the proceedings against them in C.C.No.901 of 2014 on the file of the II Additional Judicial Magistrate of First Class, Bhimavaram.
(2.)Concise statement of facts, as per prosecution version, germane to dispose of this petition may be stated as follows:
(a) On 26-7-2014, at about 01.00 p.m., the petitioners, who are the men of Yuvajana Sramika Rythu Congress Party (YSRCP), gathered at Prakasam Chowk, Bhimavaram, followed by several other people with a view to provoke the general public and raised slogans protesting against Sri N.Chandra Babu Naidu, the Hon'ble Chief Minister of State of Andhra Pradesh (hereinafter will be referred as Chief Minister). They have conducted a Mock Praja Court on the public road. Accused No.7 acted as a Judge, accused No.8 acted as an Advocate on behalf of accused 9 and 10 who are projected as a farmer and dwacra woman and they have placed the effigy of the Hon'ble Chief Minister before the said Mock Court as an accused alleging that the Chief Minister failed to waive the crop loans of farmers and loans of dwacra women. Accused No.7 who acted as a Judge imposed capital punishment of hanging to the effigy of the Chief Minister. Accused 1 to 6, 9 and 10 hanged the said effigy to a nearby tree in the public place and burnt the said effigy and thereby provoked the general public and insulted the dignity of the Chief Minister and defamed the Chief Minister and they also caused obstruction of free flow of traffic.

(b) After receiving information, the Sub Inspector of Police, I Town Police Station, Bhimavaram, went to Prakasam Chowk, Bhimavaram along with his staff and cleared the traffic and prepared a special report to that effect. On return to the police station, the Sub Inspector of Police registered the said special report as an FIR in Crime No.133/2014 for the offences punishable under Sections 341, 500, 153 and 504 read with Section 34 IPC of I Town Police Station, Bhimavaram and investigated the case.

(c) During the course of investigation, the Sub Inspector of Police recorded the statements of L.Ws.1 to 4 and prepared a rough sketch of the scene of offence. He also served notice under Section 41-A(1) Cr.P.C on the accused and the accused submitted a reply to the said notice denying the allegations made against them and asserted that they can prove their innocence if the case is referred to the Court of law.

(d) Therefore, after completion of investigation, as it is found that the petitioners have with a common intention committed the offence of wrongful restraint, defamation and intentional insult to Hon'ble Chief Minister of Andhra Pradesh and provoked breach of peace which are punishable under Sections 341, 500 and 504 read with Section 34 IPC, the Sub Inspector of Police, I Town Police Station, Bhimavaram, who investigated the case laid the charge-sheet against the accused.

(3.)Heard Sri K.V.L. Narasimha Rao, learned counsel for the petitioners and the learned Public Prosecutor for the 1st respondent/State.
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