THE HON'BLE SRI JUSTICE R.SUBHASH REDDY CRIMINAL PETITION No. 2165 OF 2010 Dated: 09-11-2011 Between: Sardar Kamaljeet Singh ... PETITIONER AND The State, SHO, Pitlam P.S., rep., by the Public Prosecutor, High Court, Hyderabad and another ... RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY CRIMINAL PETITION No. 2165 OF 2010 ORDER: This criminal petition is filed under Section 482 of Cr.P.C for quashing of the proceedings in Crime No.16 of 2010 on the file of Pitlam Police Station, Pitlam, Nizamabad District registered against the petitioner for the offence under Section 353 of IPC. On a complaint given by the 2nd respondent who is none other than the police constable attached to Pitlam Police Station, a case in Crime No. 16 of 2010 was registered against the petitioner. A perusal of the contents of the complaint would disclose that on 26-02-2010 at about 6.00 PM when the 2nd respondent along with the Sub-Inspector of Police and Police Constables 1555, 368, 184, 405 and 740 was conducting vehicular check at Banswada X Road, they found a car parked on the road. It is further stated that due to wrong parking of the car, traffic was jammed on the road and as such, he requested the petitioner to remove the car from the road on which the petitioner asked him as to whether there is any no parking board and misbehaved with him. It is also stated that as the petitioner has not removed the car, he was imposed a fine of Rs.100/- by issuing a challan, but the petitioner has not signed on the challan and abused them. Learned counsel for the petitioner submits that in fact when the Sub Inspector of Police standing on the road abused the petitioner, the petitioner lodged a complaint on the same day even before the complaint was lodged by the 2nd respondent which clearly shows that the complaint is lodged by the 2nd respondent only to harass the petitioner. A perusal of the complaint lodged by the petitioner against the Sub Inspector of Police reveals that the Sub Inspector of Police has abused the petitioner and his wife and manhandled them pursuant to which the petitioner preferred the complaint which was received by one Majeed Khan, Constable of Pitlam Police Station. Despite service of notice, there is no appearance on behalf of respondent No.2. It appears that complaint lodged against the petitioner basing on which Crime No.16 of 2010 was registered is only an offshoot of the complaint filed by the petitioner on an earlier point of time alleging misbehaviour and misconduct against the Sub Inspector of Police attached to the same police station. Though specific allegations are made against the 2nd respondent, there is no appearance on his behalf nor any counter affidavit is filed controverting the allegations. In the circumstances, if investigation is allowed to go on against the petitioner, it is an abuse of process of law. Hence, this Court considers it a fit case to quash the proceedings against the petitioner. For the aforesaid reasons, the criminal petition is allowed. Crime No. 16 of 2010 on the file of Pitlam Police Station registered against the petitioner is hereby quashed. R. SUBHASH REDDY, J 09-11-2011 ks