Telangana High Court
Dyava Rama Krishna Reddy vs The State Of Telangana on 1 November, 2022
Crl.Petition No.7133 of 2019
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THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.7133 OF 2019
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- Accused No.2 to quash the proceedings against him in C.C.No.1829 of 2017 (split up from C.C.No.1879 of 2012) on the file of II Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Karimnagar.
2. Briefly the facts of the case are that the complaint was filed by the 2nd respondent stating that the Special Judicial Magistrate of First Class Excise, Karimnagar granted residential orders in DVC No.29 of 2012. Pursuant to which residential order, on 28.11.2012 she went to her house to live in the said house. The Accused No.5 instigated Accused Nos.2 to 4 who have restrained her, abused her in filthy language, beat her with hands and threatened with dire consequences to kill her if she comes to the house again. Aggrieved by the said acts of the petitioner and four others, the complaint was filed.
Crl.Petition No.7133 of 20192
3. The said complaint was investigated and charge sheet was filed for the offence under Sections 341, 323 and 506 read with Section 34 of IPC. However, the police found that this petitioner was not present at the scene when the alleged incident took place, for which reason, the name of this petitioner was deleted from the array of the accused in the charge sheet. However, when an application was made by the Assistant Public Prosecutor, the Court by order dated 11.09.2017 passed an order under Section 319 of Cr.P.C. stating that in the evidence of de facto complainant - PW1 she had stated that this petitioner beat her with hands and abused her in filthy language, the petitioner was again added as Accused No.2 in C.C.No.1879 of 2012 and summons were issued to the petitioner. For the reason of the petitioner staying abroad, he did not appear before the trial Court, the trial Court issued NBW against this petitioner and the case against this petitioner was split up from C.C.No.1879 of 2012 and C.C.No.1829 of 2017 was allotted. The trial Court concluded the trial in C.C.No.1879 of 2012 and judgment was delivered on 15.03.2019. The learned Magistrate having examined the victim-PW1 and 4 others found that the allegation of resisting her and beating her was incorrect and accordingly acquitted the Accused Nos.1, 3, 4 and 5.
Crl.Petition No.7133 of 20193
4. Heard learned counsel for the petitioner and learned counsel for the respondent No.2. Perused the material on record.
5. The allegation against this petitioner is that he was one of the five members who have assaulted the de facto complainant. When it was found by the learned Magistrate in the Judgment dated 15.03.2019 that there were several inconsistencies in the oral evidence and also the projection of the incident was incorrect, the learned Magistrate found that the other Accused Nos.1, 3 to 5 were not guilty.
6. The main allegation against this petitioner being one of the members of the Accused and as alleged by the de facto complainant, he was also participated in the assault by Accused Nos.1 to 5. There are no other specific allegations apart from what is stated against the acquitted accused. In the said circumstances, no useful purpose would be served by subjecting this petitioner to trial, when the allegations leveled against the acquitted accused and this petitioner are one and the same.
7. In view of the aforesaid reasons, the proceedings against the petitioner - Accused No.2 before the concerned trial Court are liable to be quashed Crl.Petition No.7133 of 2019 4
8. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner - Accused No.2 in C.C.No.1829 of 2017 on the file of II Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Karimnagar, are hereby quashed.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 01.11.2022 ns