HC fears misuse of Section 145 of CrPc by police

By S A Ishaqui

Hyderabad, May 14: Justice Samudrala Govindarajulu of the AP High Court has expressed apprehensions on the misuse of Section 145 of the CrPc by the police.

While delivering his verdict in an issue of registering the FIR under Section 145 CrPc, the judge observed that it was uncommon in the law.

The relevant section prescribes a procedure to be followed where a dispute concerning immovable property or water is likely to cause breach of peace.

The judge said, “there is every possibility of misuse of power by an unscrupulous police officer in case a crime is registered under Section 145 CrPc and it is kept pending in the records maintained in the police station, by way of forcing persons to come to the police station and harassing them in the police station for extracting any pecuniary or offer benefits.”

He said, “this court is of the view that even though provisions of CrPc do not contemplate registration of a crime and issuing of FIR by a police officer in proceedings relating to the section, giving FIR after registering a crime in such cases is not only out-side the realm of law and would likely to lead to abuse of power by certain unscrupulous police officers.”

Justice Govindarajulu was dealing with a petition filed against the action of the Kurnool II town inspector, Mr. P Srinivas, in registering a crime under the Section. The judge summoned the official, who admitted that by mistake FIR was issued under Section 145 and that it is a bonafide mistake.

The judge said if it was a mistake, it would be a question of fact whether the mistake was a bonafide one or a malafide one tainted with oblique motive.