Jammana Prasanna Kumar v. The State Of A.P

THE HONOURABLE SRI JUSTICE RAJA ELANGO Criminal Petition No.4338 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by petitioners/accused Nos.1 to 11 seeking to quash the C.C.No.369 of 2015 on the file of the Additional Judicial Magistrate of First Class, Parvatipuram, Vizianagaram District, for the offences under Sections 143, 145, 341, 186, 188 read with Section 149 I.P.C.

Heard and perused the material available on record. This crime is arising out of agitation by petitioners herein seeking for special status to the State of Andhra Pradesh.

The complaint lodged by L.W.7 is in the nature of occurrence report and the said Officer himself investigated and filed the charge-sheet.

In some cases, the complainant can be Investigation Officer and file chargesheet, but in the present case concerned, the complainant should not be the Investigation Officer. According to the

occurrence report, he proceeded with the investigation and filed the charge-sheet.

Hence, the charge-sheet filed against petitioners is hereby quashed.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_______________________ JUSTICE RAJA ELANGO 29th March, 2016 skmr