Telangana High Court
Donde Ramesh,Mahboobnagar And Another vs Public Prosecutor,Mahaboobnagar And ... on 3 July, 2023
THE HON'BLE SRI JUSTICE E.V.VENUGOPAL
CRIMINAL PETITION NO.8165 OF 2015
ORDER :
This criminal petition is filed by the petitioners/accused Nos.27 and 30 under Section 482 of Cr.P.C., seeking to quash the proceedings in Crime No.42 of 2015 on the file of Shanthi Nagar Police Station, Mahboobnagar, so far as it relates to the petitioners.
2. Heard Sri Mohd. Muzafferullah Khan, learned counsel for the petitioners and learned Assistant Public Prosecutor, representing the State. None appeared on behalf of unofficial respondent.
3. The brief facts which lead to registration of FIR No.42 of 2015 by the police, Shanthi Nagar Police Station, Mahaboobnagar against the accused are that on 03.07.2015, when one Rambabu tried to cause survey of his lands, the husband of complainant and others objected him and demanded to make the same through the Government Surveyor but they refused and in that process a quarrel had taken place due to which, one Chinna Krishnaiah fell down and was taken to Page 2 of 4 Kurnool for treatment and later the said Rambabu and other accused along with 100 others went to the house of the complainant with deadly weapons, trespassed into their house, abused and bet her, destroyed household articles, tractors, car etc., and committed theft of gold ornaments, cash apart from trespassing into their fields and destroying the motor cycles, pump sets and crops and set fired polyhouse. Accordingly, on the complaint lodged by the 2nd respondent herein, the police have registered the case against 22 persons for the offences punishable under Section 147, 148, 452, 427, 323, 380, 435, 504, 506 read with Section 149 of IPC and later the petitioners were shown as accused in the remand case diary, dated 30.07.2015. After investigation, charge-sheet was filed and the Court concerned has numbered the same as CC No.359 of 2019 and presently the same is pending on the file of the learned I Junior Civil Judge at Alampur, Jogulamba-Gadwal District.
4. The contention of the petitioners is that Crime No.42 of 2015 is nothing but a counter blast case to Crime No.41 of 2015, registered against the family members of respondent No.2 and that even though the petitioners were not present at the Page 3 of 4 scene of offence, the police arrayed them as accused Nos.27 and 30 in Crime No.42 of 2015 and hence, requesting to quash the said FIR, the petitioners filed the present petition.
5. During the course of arguments, learned counsel for the petitioners seeks permission of this Court to withdraw the present criminal petition stating that after completion of investigation, charge-sheet in Crime No.42 of 2015 was laid and was numbered and hence, the purpose of filing the present criminal petition does not survive.
6. Learned Assistant Public Prosecutor, by furnishing a copy of case details information pertaining to CC No.359 of 2019, registered basing on the subject matter crime, would submit that charge-sheet in the said crime was filed, numbered and presently it is pending before the learned I Junior Civil Judge, Alampur and was posted to 13.09.2023 for submission of Death Certificates of A8 and A12 and hence, no further orders are required and conceded to the request of learned counsel for the petitioners for withdrawal of the present criminal petition.
7. In view of the submissions made on both sides and by taking into consideration the copy of daily status report in Page 4 of 4 CC No.359 of 2019, this Court is inclined to permit the learned counsel for the petitioners to withdraw the present criminal petition.
8. In the result, this Criminal Petition is dismissed as withdrawn. Interlocutory applications, if any pending, shall also stand dismissed.
____________________ E.V.VENUGOPAL, J 03-07-2023 abb