KILAPARTHI VENKATA RAO Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-9-4
HIGH COURT OF ANDHRA PRADESH
Decided on September 05,2019

Kilaparthi Venkata Rao Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

U Durga Prasad Rao, J. - (1.)In this petition filed under Section 482 Cr.P.C., the petitioners/A1, A2 & A4 seek to quash the proceedings in C.C.No.3/2018 on the file of the learned Principal Junior Civil Judge, Eluru, West Godavari District.
(2.)The brief facts of the case are that LW1 - DEE (Housing), Tadepalligudem was deputed as MCC in-charge for ZPTC and MPTC Election Team-I and he is de facto complainant in the present case. While so, on 04.04.2014 at about 11.30 AM when LW1 was conducting patrolling in Pentapadu Mandal along with his staff, they noticed the accused who was contesting as independent candidate of Tadepalligudem Constituency was taking out a Rally in topless jeeps bearing Nos.AP 37 AV 4999 and AP 28 TC 3456 along with party activists comprising of 300 members and 59 motor cycles without having any permission for Rally and thereby causing public nuisance in the Mandal. The staff of LW1 noticed that the accused and his members violated the orders promulgated by a lawful public servant. On that LW1 gave a report to Station House Officer, Pentapadu Police Station for taking necessary action. The Sub-Inspector of Pentapadu PS registered a case in Cr.No.60/2014 under Section 188 IPC and investigated and filed charge sheet before the Additional JFCM, Tadepalligudem who has taken cognizance and registered the case as C.C.No.203/2014.
(3.)It is informed to this Court that the case was transferred from the Court of Additional Judicial Magistrate of First Class, Tadepalligudem, to the Court of Principal Junior Civil Judge, Eluru and numbered as C.C.No.3/2018. Hence, the petition by the petitioners/A1, A2 & A4.
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