THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1156 of 2009 ORDER: The petitioner-A.3 approaches the Court with a prayer to quash the proceedings against him in Crime No.16 of 2009 of I Town Police Station, Kavali, Nellore District, registered for the offence punishable under Sections 448, 290, 294 and 355 read with 34 of IPC. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. The case was registered against the petitioner for the offence punishable under Sections 448, 290, 294 and 355 r/w 34 of IPC. The complaint of the de facto complainant runs as follows: “On 30.01.2009 as local MLA, Smt. Magunta Parvathamma called upon me and Chairperson of Kavali Municipality to her office to discuss with us regarding laying of cement roads by R & B, roads in the office, plantation in the dividers, idols of national leaders etc., we went there. At the time the Praja Rajyam Party leaders, i.e. Sri Chintala Venkata Rao(Advocate), Sri Ramireddy Pratapkumar Reddy, Sri M.V.Narayana Rao(Advocate), Sri Alahari Sreenu, Smt.Padmavathi, Smt.Methuku Rajeswari and other party workers entered into my chamber in my absence and covered my table with mosquito net, lightened mosquito coil, garlanded my chair and the same was informed to me by my attender V.Venkateswarlu and other staff after I returned back. The above said acts and nuisance committed by entering into my chamber without permission and illegally caused me agony and humiliation. Hence, I request you to enquire and take action, so that the above said incident will not recur in future. Xerox copies of the publications of various newspapers are enclosed herewith. Yours obediently, Sd/-x x x x x x” Learned counsel for the petitioner submitted that the occurrence was not witnessed by the de facto complainant and the occurrence was on 30.01.2009 and the complaint was lodged after two days, i.e. on 01.02.2009 and further even admitting the fact that the petitioner along with others entered into the chamber of the de facto complainant, when they entered, there is no mens rea to commit any offence by the petitioner herein. The allegation in the said complaint is also in order to show the thrust of the public that they are suffering by mosquitoes. To symbolically inform the same they have covered the table of the de facto complainant with mosquito net and also laid mosquito coir. The said act could not attract an offence as alleged by the prosecution. This Court after hearing the arguments perused the records also. In view of the fact that the complainant is not the direct eyewitness to the occurrence and also the complaint is lodged after lapse of two days, this Court is of the view that the present complaint cannot be preceded further against the petitioner herein. Accordingly, the proceedings in Crime No.16 of 2009 on the file of I Town Police Station, Kavali, Nellore District, against the petitioner herein are hereby quashed. Accordingly, the Criminal Petition is allowed. ___________________ JUSTICE RAJA ELANGO 12th August 2010 Rns