IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.3153 OF 2009 Between : Pappula Masenu Venkanna @ Revu Srinu ....PETITIONER A N D The State of A.P. …RESPONDENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.3153 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner –A.1 seeking to quash the proceedings in Crime No.54 of 2009 of Pamarru Police Station for the offence punishable under Section 188 of IPC and Section126 of Peoples Representation Act. 2. Heard both sides. 3. The complaint reads as follows: “Myself and P.C.No.2639 K.Satyanarayana are working as P.S.O. in the Office of S.P.(Admn). On 22-04-2009 about 9 P.M. when the S.P.(Admn) is on patrolling duty to prevent untoward incident, when he reached Kapula Ramalaya junction in Pamarru Village, we found two vehicles bearing Nos.AP-3-F-99 TATA Safari and AP-37-U-1863 Ambassador are parked side of the road at a distance we found huge gathering of 50 members and were shouting. When SP(Admn) asked whey the vehicles are stationed, the persons gathering there, fled away except four persons. When myself and other constable K.Satyanarayana enquired why you are shouting and when they enquired about their names, the first person revealed his name as Pappula Yesunu Venkanna, the 2nd person revealed his name as Tadala Machara Rao, third person revealed his name as Padala Suryanarayana and the 4th person mentioned his name as Karatam Muralikrishna and they were holding Pamphlets of Prajarajam party having Rail engine. When we enquired about the vehicles, the first person Venkanna revealed that he is the owner of TATA Safari and said that Murali Krishna is the driver. In second vehicle was checked we found Prajarajyam party pamphlets. The said persons have violated Code of Election Conduct. When we are removing those two vehicles, the first person Venkanna pushed me and made good of his escape and thereafter myself and K.Satyanarayana handed over the remaining persons Tadala Machara Rao, Padala Suryanarayana, Karata Murali Krishna along with vehicles to Pamarru police Staion. I request to take action against Pappula Yesunu Venkanna @ Srinu for making good of his escape by pushing me and obstructing my duties and also against the three persons for violating the Code”. 4. As seen from the complaint the gathering was dispensed on hearing the siren sound of the police vehicle. It is not the case of the prosecution that the petitioner is issuing the pamphlet. The case of the prosecution is that some pamphlets were found in the vehicles concerned. 5. This Court is of the view that the present complaint and allegations do not attract the above said offence. 6. In view of the same, the present complaint in Crime No.54 of 2009 of Pamarru Police Station, are hereby quashed. 7. Accordingly, the criminal petition is allowed. _________________________ JUSTICE RAJA ELANGO AUGUST 26, 2010. YVL