LawforAll

Showing posts with label manipulation of F.I.R.. Show all posts
Showing posts with label manipulation of F.I.R.. Show all posts
Tuesday, December 11, 2012

For quashing criminal proceedings in C.C.No.254 of 2010, the criminal petition is filed under Section 482 Cr.P.C.- there was manipulation of F.I.R. by the Station House Officer while registering Cr.No.94 of 2010. - originally Cr.No.94 of 2010 was registered against five persons as accused namely A.1 to A.4 and Sunkara Venkateswarlu, son of Kondanna and that subsequently the said F.I.R. was replaced by another F.I.R. showing A.1 to A.4 alone as the accused persons and that this procedure adopted by the Station House Officer, who is named as the 2nd respondent/B.Srinivasulu Reddy, Sub- Inspector of Police, Owk Police Station in the writ petition is unknown to criminal law and contrary to prescribed criminal procedure and is also unconstitutional. -the Sub-Inspector of Police by name B.Srinivasulu Reddy admitted issuing two types of printed proforma of F.I.R., one on computerized printed proforma and the other filled up with hand on conventionally printed proforma, and also naming five accused persons in the 1st proforma and naming only 4 accused persons in 2nd proforma. -Therefore, F.I.R. in Cr.No.94 of 2010 which is vitiated by illegality as well as manipulation coupled with subverting criminal justice system, cannot be allowed to stand and it is liable to be quashed under Article 226 of the Constitution of India.

HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU             W.P.No.24030 of 2010 and CRIMINAL PETITION No.5521 of 2012   03.12.2012 ...