CHIRUGURI BHASKARA RAO Vs. STATE OF A P
LAWS(APH)-2008-2-95
HIGH COURT OF ANDHRA PRADESH
Decided on February 05,2008

CHIRUGURI BHASKARA RAO Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.)THIS petition is filed under Section 482 Cr.P.C, seeking to quash the proceedings dated 6-12-2007 in M.C.No. 14 of 2007, against the petitioners, who are respondents 29, 33 and 38 before the Sub-Divisional Magistrate and Revenue Divisional Officer, Tenali.
(2.)HEARD the learned counsel for the petitioners and the learned Additional Public Prosecutor representing the respondent- State. Records are perused.
Petitioners 1 and 3 are Teachers working in Government Schools and the second petitioner is a student. The learned Sub-Divisional Magistrate, Tenali passed orders under Section 111 Cr.P.C., directing several members of 'A' Party and 'B' Party including the petitioners herein to show- cause as to why they should not be called upon to execute a bond to keep peace in the village for a period of six months.

A perusal of the impugned proceedings dated 6-12-2007 of the Sub-Divisional Magistrate does not disclose that the information laid before him contained any specific allegations insofar as petitioners are concerned. The information laid before the learned Sub-Divisional Magistrate no doubt shows that certain incidents involving breach of peace have taken place resulting in registration of Cr.No. 119 of 2007 in which a charge sheet was also filed in C.C.No. 227 of 2007 on the file of the II-Additional Munsif Magistrate, Repalle, but there is nothing on record to show that the petitioners herein are in any way concerned with the said offence. The petitioners are not among the accused in Cr.No. 119 of 2007 in C.C.No. 277 of 2007.

(3.)AS rightly pointed out by the learned counsel for the petitioners, the impugned proceedings issued by the learned Sub- Divisional Magistrate does not specify the ingredients of Section 107 Cr.P.C, and the information laid before him does not disclose that there was any sufficient ground to proceed against the petitioners herein. The impugned order also does not disclose the amount of the bond and whether it should be with or without sureties. Inasmuch as no definite information is laid before the learned Executive magistrate showing the involvement of the petitioners, at least prima facie, in the alleged incidents which are said to have taken place among the other members of 'A' party and 'B' party, further proceedings against the petitioners, who are respondents 29, 33 and 38 of B' party in M.C.No. 14 of 2007 on the file of the Sub-Divisional Magistrate and Revenue Divisional Officer, Tenali are unwarranted and continuance of such proceedings against them is nothing but abuse of process.
In the circumstances, it is held that this is a fit case to invoke the inherent powers of this Court under Section 482 Cr.P.C, and quash further proceedings against the petitioners in M.C.No. 14 of 2007.

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