The Andhra Pradesh High Court in Vinti Ramakrishna, W.G. Dist. & Ors. v. PP, HYD observed that a statement added to the charge sheet without any supporting material or a statement under section 161 of the Code of Criminal Procedure, 1973 (CrPC)amounts to an abuse of the process of law. It further held that in such cases, the proceedings can be quashed under section 482 of the CrPC.
The lands of the petitioners were to be excavated for leading a channel under Chintalapudi Lift Irrigation Scheme in the Bhimole village. When petitioners caused obstruction to the excavation work, the Tahsildar and Mandal Executive Magistrate, Gopalpuram promulgated an order under section 144 of the CrPC w.e.f. 24.02.2016 at 6 AM for maintenance of law and order. The petitioners, on 26.02.2016 formed an unlawful assembly that caused obstruction to the channel work, assaulted the complainant and other public servants to restrain them from discharging their duties, and threatened them with dire consequences. Thereafter, the petitioner was charged with offences punishable under sections 353, 341, 506, 188 read with 149 of the Indian Penal Code, 1860 (“IPC”). The petitioners, in response to the charge sheet, filed a petition to seek quashing of proceedings thereto.
The Court quashed the said proceedings under section 482 of the CrPC on the ground that the proceedings would lead to an abuse of the process of law. The charge sheet contained such statements which were not backed by the substance contained in the FIR. The Court observed,
“A reading of the recitals in the First Information Report and the statements recorded under Section 161 Cr.P.C. shows that there is absolutely no averment that the complainant and other public servants were assaulted or restrained from carrying on their work. A perusal of the said material further shows that the petitioners only stopped them, and beyond that, there is absolutely no averment, as stated in the charge sheet, that the complainant and other public servants were assaulted or restrained from discharging their official duties. It is surprising for the Court to ascertain as to how such statement has come in the charge sheet, in the absence of any such averment either in the First Information Report or in the statements recorded under Section 161 Cr.P.C. of the complainant”.
