Telangana High Court
Panyala Parsharam Reddy vs The State Of Telangana on 27 April, 2022
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.3858 OF 2022
ORAL ORDER:
Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor, and perused the record.
2. The present Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in S.C. No.45 of 2022 on the file of the District Judge, Karimnagar. against the petitioners herein - accused Nos.1 and 2.
3. The petitioners herein are arraigned as accused Nos.1 and 2 in the above S.C. The offences alleged against them are under Section
- 307 read with 34 of IPC.
4. Perusal of the record would reveal that on the complaint lodged by petitioner No.1 herein, a case in Crime No.150 of 2021 was registered by the Police of Thangallapally Police Station against the husband of respondent No.2 herein for the offences under Sections - 290, 323, 354, 354B and 506 of IPC. The police after completion of investigation, filed the charge sheet against him and the same was taken on file vide C.C. No.1453 of 2021 on the file of the Judicial 2 KL,J Crl.P. No.3858 of 2022 Magistrate of First Class, Sircilla. On the complaint lodged by respondent No.2 herein, the very same police have registered a case in Crime No.151 of 2021 against the petitioners herein for the offence under Section - 307 read with 34 of IPC. On completion of investigation, the Investigating Officer has laid the charge sheet against the petitioners herein vide S.C. No.45 of 2022 on the file of the District Judge, Karimnagar, for the aforesaid offence
5. Learned Assistant Public Prosecutor would submit that there is a case and counter case and the police had conducted the investigation in fair and transparent manner in Crime No.150 of 2021. There are disputes between the petitioners and respondent No.2 with regard to the property. Even petitioner No.1 has also received grievous injuries.
6. Perusal of the record including the complaint and charge sheet would reveal that there are serious allegations against both the petitioners herein. On 26.06.2021, they have attacked on respondent No.2 and her husband and that her husband received grievous injuries. Therefore, prima facie, there are specific allegations against both the petitioners herein. Thus, on the ground of registration of present 3 KL,J Crl.P. No.3858 of 2022 crime as a counterblast is not a ground to quash the proceedings against the petitioners herein in S.C. No.45 of 2022. If the Investigating Officer failed to conduct investigation in Crime No.150 of 2021, it is for petitioner No.1 to take steps in accordance with law. As stated above, the same cannot be a ground to quash the proceedings in S.C. No.45 of 2022. Therefore, this Court is not inclined to quash the proceedings in S.C. No.45 of 2022 against the petitioners herein for the aforesaid offence. The defences taken by the petitioners herein are triable issues and they have to take the same before the trial Court and it is for the trial Court to decide the same. The petitioners failed to make out any ground to quash the proceedings and, therefore, the petition is liable to be dismissed.
7. The present Criminal Petition is accordingly dismissed. As a sequel, the miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.
_________________ K. LAKSHMAN, J 27th April, 2022 Mgr