HYDERABAD: Justice Dr V.R.K. Krupa Sagar of the Andhra Pradesh High Court quashed an FIR registered against Tollywood star Allu Arjun and former MLA Shilpa Ravi Chandra Kishore Reddy under Section 188 of the Indian Penal Code (IPC). The FIR, filed during the election period, alleged a violation of the election code due to a public gathering at the MLA’s residence in Nandyal. A criminal petition filed by Allu Arjun and another contended that the FIR was an abuse of the legal process, as the allegations did not constitute any cognisable offence.
It was contended that the FIR originated from a complaint by the deputy tahsildar of Nandyal, claiming that the visit of a Tollywood star to the MLA’s residence resulted in a large gathering, thereby breaching Section 144 of the CrPC and election code regulations. However, the judge observed that the gathering was neither orchestrated by the petitioners nor did it lead to any harm or disruption. The Counsel for the petitioner would point out that the police had failed to apply due legal procedure and statutory mandates while registering the case.
Justice Krupa Sagar further noted that fundamental rights under Article 19(1)(d) of the Constitution, guaranteeing freedom of movement, could not be curtailed in such circumstances. Citing precedents and statutory requirements, the judge noted that an offense under Section 188 IPC requires a formal complaint by the public servant whose directive was violated; in this case, the FIR was based on a police report, thereby rendering it procedurally invalid. The judge also pointed out that the authorities should have addressed the crowd situation instead of initiating criminal proceedings against the petitioners.
