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Case DiaryP a r t -I

Bhimavaram I Town P.S. Cr. No. 151/2013 West Godavari District.

Date, time and Place of offence: On 22-06-2013 at about 11-30 AMopposite t o the out-gate o f

RTCComplex, Bhimavaram.

Offence: U/s. 143,341 IPC

I. On 22-06-2013 at 2 PM

II. G. Suryanarayana, H.C. 460 of Bhimavaram I Town Police Station

III. Accused:

(1) Pastula Avinash (SFI Divisional President)

(2) Maal Kedar ( SFI Bhimavaram Town President) andun-identied 50 students.

IV. Nil

V. Nil.

VI. L.C.D. FIR dt. 22-06-2013

VII. None.

VIII. L.Ws. Examined:

LW-1HC 460 G. Suryanarayana S/o Rameswara Rao, A/55 YearsBhimavaram I Town P.S.

LW-2Chinimilli Adinarayana @ Tataji S/o Suryanarayana, A/36 Years, C/Kapu, Sri Rajeswari Hotel, Bhimavaram.

LW-3Kadali Udaya Bhaskara Rao S/o Late, Narendra Prasad @ Amara Narendra Prasad, A/31 years, old iron scrap business

near RTC Complex, R/o Mentevarithota, Bhimavaram.

LW-4PC 1479 B. Chaithanya Babu S/o Venkatrao, A/29 Years,Police Constable of Bhimavaram I Town P.S.

LW-5PC 2141 Siddha Seetharamanjaneyulu S/o Nageswara Rao, A/30 Years, Police Constable of Bhimavaram I Town P.S.

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Case Diary Dated: 22-06-2013

This is a Case of Un-lawful Assembly and wrongful restraint

that occurred today i.e. On 22-06-2013 at about 11-30 AM on road in

front of out gate of RTC bus complex, Bhimavaram and reported the

same at 2 PM wherein, the A-1 and A-2 noted above who are the SFI

Divisional president and Bhimavaram Town president respectively

followed by un-identied 50 students formed into un-lawful assembly

and stood opposite to the out gate of RTC Complex, Bhimavaram, raising

their protest with regard to the dispute arose between ASI Vijaya Kumar

of Penumantra P.S. and SFI student, burnt the effigy of ASI and caused

obstruction of people on the road.

Today i.e. On 22-06-2013 at 2 PM while I am present in the

Police S tation in the a bsence of S.I. of Police en gaged otherwise, HC 460

of Bhimavaram I Town P.S. presented a report with regard to the offence

and the following is t he co ncise o f the sa id report.

“Today i.e. On 22-06-2013 at about 11-30 AM he along with

staff were in RTC bus stand, having learnt that some students

assembled near out gate of bus stand , he went there along with PCs

1479 and 2141 at 11-45 AM and found Pastula Avinash, SFI DivisionalPresident and Maal Kedhar, SFI Bhimavaram Town President and 50 un-

identied students formed into un-lawful assembly on road causing

obstruction to the traffic and in convenience to the Public, had burnt

the effigy with regard to dispute arose between ASI Vijaya Kumar of

Penumantra and a student at Marteru Centre, and therefore requested

to take n ecessary a ction”.

On the st rength of the above report, I registered the sa me as

FIR in Cr. No. 151/2013 U/s. 143, 341 IPC of Bhimavaram I Town P.S. at

2 PM on 22-06-2013, submitted the original FIR together with

complainant’s original report to the Hon’ble Court of II AJFCM

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Bhimavaram and copies to all the officers concerned and took up

investigation in this c ase.

Then I secured the presence of said HC 460, examined him

and recorded his st atement U/s. 161(3) Cr.P.C. in Part II of my ca se d iary

and the sam e is ap pended herewith for Perusal. He stated as follows.

LW-1HC 460 G. Suryanarayana: He is de-facto

Complainant in this case and on examination he stated that he is

working as Head constable in Bhimavaram I Town P.S. Today i.e. On 22-

06-2013 when he was discharging his legitimate duties at RTC Complex,

Bhimavaram along with PCs. 1479 and 2141 from 07-00 hours to 13-00

hours, at about 11-30 AM he learnt that some students gathered at the

outside of out gate of RTC Complex. Having learnt the same he went

there along with the above said two PCs and found that the accused

Pastula Avinash, SFI Divisional President and A-2 Maal Kedhar, SFI

Bhimavaram Town President followed by 50 un-identied students

gathered at the out side of out gate of RTC Complex, Bhimavaram stood

on the road raising their protest on a plea of wordy altercation took place

between ASI Vijaya Kumar of Penumantra P.S. and SFI Student at

Marteru Centre about few days back. On that he asked the A-1 and A-2

not to cau se obstruction to the free ow of traffic. Even though, the A-1and A-2 and other un-identied students formed in to un-lawful

assembly had burnt the effigy of said ASI raising their protest against

the said ASI and obstructed the traffic and caused in convenience to

the public from 11-30 AM to 11-45 AM and hence he reported the same

for t aking necessary a ction.

Then I left the Police Station, visited the Scene of offence,

examined the sam e minutely and the following is the topography of the

scene.

S c e n e : There is P.P. road lying from East to West. To the South

there is B.T. road running from North to south and abutting to the P.P.

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road at Northern si de. To the West of the said road Sri Rajeswari Hotel,

Sri Rama Rest House, Balaji Sweets and Tapeswaram sweets shops are

situated from South to North, faces E ast. To the East of the said road,RTC Complex is situated and the said RTC complex covered with

parapet on all four sides with out gate and in gate at the South of the

complex. O pposite to the Sri Rama Rest house, out gate of RTC Complex

is situated. To the North of the parapet of the said complex, Municipal

drainage is situated. To the North of the said drainage Fruit stall and

cool drinks shop are located. To its rear side blacksmith work shops

and old iron scrap shop are located. I prepared rough sketch of the

scene of offence and the same is appended herewith for Perusal.

Then I secured the presence of LWs. 2 and 3, examined them

and recorded their st atements U/s. 161(3) Cr.P.C. in Part II of my case

diary ap pended herewith for perusal.

LW-2 Chinimilli Adinarayana @ Tataji : He is resident of

Bhimavaram and he is owner of Sri Rajeswari Hotel situated opposite to

the out gate of RTC Complex, Bhimavaram. On examination he stated

that today i.e. On 22-06-2013 at about 11-30 AM when he was in his

hotel, the accused who are the SFI students numbering 50 assembled

on the road in front of RTC complex out gate, stood across to the sa idgate raising their protest against ASI of Penumantra P.S. on a plea th at

the said ASI had a quarrel with SFI student at Marteru centre about few

days back. The accused had burnt the effigy of said ASI, and caused

obstruction to the free ow of traffic and caused in convenience to the

public. LW-1 and his staff rushed there and removed them and etc,

facts.

LW-3Kadali Udaya Bhaskara Rao: He is resident of

Mentevarithota, Bhimavaram and got old iron scrap shop in Municipal

shopping complex near to RTC complex, Bhimavaram. Today i .e. On 22-

06-2013 at about 11-30 AM when he was at his shop, witnessed the

offence an d corroborated LW-2 in all material respects.

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Then I tried to examine more witnesses but none come

forward to give any useful evidence. In turn, I secured the presence ofPCs 1479 and 2141, examined them and recorded their statements U/s.

161(3) Cr.P.C. in part II of my case d iary ap pended herewith for p erusal.

They stated as follows.

LW-4PC 1479 B. Chaithanya Babu : He is working as

Police Constable of Bhimavaram I Town P.S. On examination he stated

that today i.e., On 22-06-2013 he and PC 2141 were deputed for

performing their duty at RTC Complex, Bhimavaram along with HC 460

from 07-00 hours to 13-00 hours. So saying he stated the sam e facts as

stated by LW-1.

LW-5PC 2141 Siddha Seetharamanjaneyulu :He is

working as Police Constable of Bhimavaram I Town P.S. On

examination he stated that today i.e. on 22-06-2013 he and PC 1479

were deputed for performing their duty at RTC Complex, Bhimavaram

along with HC 460 from 07-00 hours to 13-00 hours. So saying he stated

the sam e facts as s tated by LW-1.

I moved in and around Bhimavaram and made enquiriesabout the A-1 and A-2 and other un-identied accused but could not

trace them. Notice of arrest U/s. 41 (1) (A) is being served on the A-1

and A-2.

My investigation in this case r evealed that on 19-06-2013

ASI 875 Vijaya Kumar of Penumantra P.S. and PC while discharging

traffic duty at Marteru centre caused to remove the motor cycle of one

Pampana Ravi Kumar, SFI District Secretary who kept the same on road

for which the said Ravi Kumar r aised his protest and assaulted the said

Police Personnel. The said Ravi Kumar got mobilized the students,

formed in to unlawful Assembly and observed Rasta Racco on main road

at Marteru thereby restrained the vehicular Traffic and obstructed the

general public and also obstructed the irrigations works. In this regard,

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a Case in Cr. No. 77/2013 U/s. 143,341, 353, 283,506 R/w 34 IPC on

report of ASI 875 and Cr. No. 78/2013 U/s. 341, 323,506,283 IPC r/w

34 IPC upon the report of contractor of irrigation works were registeredagainst said Pampana Ravikumar and others in Penumantra police

Station. The said Pampana Ravi Kumar also presented a report against

the ASI and PC and since no action was taken on his petition as it is

N.C. he led a private complaint before II AJFCM Court, Tanuku and it is

subjected matter in Cr. No. 114/2013 U/s. 323,506 R/w 34 IPC of

Penumantra P.S. and the sai d case w as ref erred as false.

In supporting the said Pampana Ravikumar, today i.e. On 22-06-

2013 at about 11-30 AM A-1 and A-2 followed by 50 un-identied

students gathered at RTC complex, Bhimavaram and without any prior

intimation and permission, formed in un-lawful assembly stood on the

road at the out gate of RTC Complex, Bhimavaram raising their protest

against the said ASI and obstructed the free ow of traffic thereby

caused in convenience to the General public an d had burnt effigy of said

ASI. Then LW-1 got removed the accused from the said place. Thus the

accused formed in to un-lawful assembly and restrained the vehicular

traffic and General public from 11-30 AM to 11-45 AM. I will arrest the

accused soon and doe the needful.

Closed the CD for the day. F urther CD follows.

(S. Satya Sai, ASI 338)Station House Officer,

Bhimavaram I Town P.S.22-06-2013

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