IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE THIRTYETH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2179 OF 2009. Between: Nallamathu Satyanarayana & Anr. … Petitioners V/s. The State of Andhra Pradesh Represented by its Public Prosecutor, High Court of Andhra Pradesh Hyderabad & Anr. … Respondents Counsel for the Petitioners : Sri E.V. Bhagiratha Rao Counsel for the Respondents : Addl.Public Prosecutor The Court made the following order : (order follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2179 OF 2009 O R D E R : This Criminal Petition is filed under section 482 Cr.P.C. seeking to quash the proceedings in Cr.No.28 of 20099 of Nadendla Police Station against the petitioners and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case. 2. The present criminal petition is filed challenging the registration of Cr.No.28 of 2009 for the offence under section 107 Cr.P.C. dated 06-3-2009. 3. The brief facts of the case are that the present petitioners are shown as A-9 and A-10 basing on the pendency of CC.No.249 of 2006. The petitioners submits that in the said CC.No.249 of 2006 the petitioners are not the accused and secondly it is submitted that already the case ended in acquittal on the basis of compound petition arrived between the parties. Perused the record. 4. This Court is of the view that there is no provision to register any FIR under section 107 Cr.P.C. Section 107 Cr.P.C. is a procedural law whereby the Executive Magistrate is empowered to take action on the basis of the report forwarded by the police officials concerned. The present FIR cannot be called as “FIR” in the eye of law since the said FIR does not disclose any cognizable offence to be investigated by the police officer concerned. Hence, the present FIR in Cr.No. 28 of 2009 is liable to be quasdhed and accordingly the same is hereby quashed. 5. The Criminal Petition is accordingly allowed. ______________________ JUSTICE RAJA ELANGO 30-12-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2179 OF 2009 Circulation No. 33 Date:30-12-2010 Court Master: IsL Computer No.43