IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.12282 of 2010 Between:- Smt.S.Shoba Rani …Petitioner A n d The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.12282 of 2010 ORDER: This petition is filed under Section 482 Cr.P.C for quashing further proceedings against the petitioner/A-1 in S.T.C.No.46 of 2009, on the file of the Judicial Magistrate of the First Class, Alampur, Kurnool District. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent- State. Perused the record. 3. On a complaint given by Head Constable 962 of Alampur Police Station, a case in Cr.No.39 of 2009 was registered against the petitioner/A-1 and others for the offence under Section 143 IPC and Section 32 read with 30 of the Police Act. After investigation, charge sheet was filed for the above offences and the same was taken cognizance in STC.No.46 of 2009 by the learned Judicial Magistrate of First Class, Alampur. 4. According to the prosecution on 13-04-2009 at 12- 30 P.M., the petitioner/A-1, who was a candidate contesting the assembly elections on behalf of Prajarajyam Party along with the 16 others, was campaigning in a DCM vehicle bearing No.AP 22 T 5942 and was speaking through mike set at the Mandal Revenue Office, Alampur in violation of the prohibitory orders. 5. The police have not registered the case for any offence under the Election Law or for violation of any provisions of the Election Code. The case is registered for an offence under Section 143 IPC, which provides for punishment for being a member of an unlawful assembly. The expression ‘unlawful assembly’ is defined under Section 141 IPC. An assembly of four or five persons becomes an unlawful assembly if the common object composing the assembly is any of the five contingencies contemplated in Section 141 IPC. Even assuming for a moment that the petitioner/A-1 along with others gathered near the Mandal Revenue Office, the same does not become an unlawful assembly within the meaning of Section 141 IPC, as it is not the case of the prosecution that the common object of the persons composing the assembly is to perpetuate any of the purposes mentioned in Clauses 1 to 5 of Section 141 IPC. Thus, even going by the allegations in the complaint and averments in the charge sheet, the ingredients of the alleged office are not attracted even prima facie. The continuance of further proceedings against the petitoner/A-1 would, therefore, amount to abuse of process of law. Hence, it is considered a fit case to invoke the inherent powers of the Court under Section 482 Cr.P.C and quash further proceedings against the petitioner/A-1 in S.T.C.No.46 of 2009, on the file of the Judicial Magistrate of the First Class, Alampur, Kurnool District and they are accordingly quashed. 6. In the result, the criminal petition is allowed. _____________________ G.V.SEETHAPATHY, J 13th December, 2010 Lrkm.