"Can't Register FIR For Proceedings U/S 107 & 145 CrPC": Andhra Pradesh High Court Directs State DGP To Instruct SHOs

The Andhra Pradesh High Court recently directed the Director-General of Police of the state to instruct the Station House Officers of all Police Stations that a First Information Report cannot be registered for the proceedings under Sections 107 and 145 of Code of Criminal Procedure, 1973.

The Bench of Justice Cheekati Manavendranath Roy noted that the Court was coming across several cases where police in the State are registering F.I.Rs. for the proceedings relating to Sections 107 and 145 Cr.P.C and therefore, the Court opined that it was necessary to take steps to curb such practice.

Essentially, the court was hearing a 482 CrPC application filed by one Bandi Parasuramudu seeking quashing of FIR filed against him for proceedings under Section 107 Cr.P.C.

Calling it a 'strange case', the Court observed that Chapter VIII of Cr.P.C, which contains sections 106-124, deals with security for keeping the peace and good behavior and that Section 107 speaks of Security for keeping the peace in other cases and therefore, the Court opined thus:

"...in the scheme of Cr.P.C, considering the object of the provisions enacted in Chapter VIII of Cr.P.C, it is now clear that the said proceedings are not penal in nature and are only preventive in nature, which are to be initiated to prevent possible breach of peace or disturbance of public tranquility. Therefore, it is not contemplated under law that an F.I.R is required to be registered to initiate the said proceedings. It is not an offence for which the F.I.R is to be registered."

Further, referring to Section 154 Cr.P.C, the Court observed that the law contemplates registration of F.I.R only when the information discloses the commission of a cognizable offence.

In this regard, importantly, the Court stressed that the information relating to likelihood of committing breach of peace or disturbance of public tranquility does not relate to any commission of offence under any provision of Indian Penal Code and therefore, no F.I.R for the proceedings relating to Section 107 Cr.P.C is required to be registered.

Lastly, while issuing the aforementioned direction to the State DGP, the Court found that in the instant case the said registration of F.I.R under Section 107 Cr.P.C was ex facie illegal on the face of it and was clearly unsustainable under the law and so, the Court quashed the FIR in question.

Advocate KM Krishna Reddy appeared for the petitioner.

Case title - Bandi Parasuramudu v. State of Andhra Pradesh (Through SHO, Atmakur Police Station)

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