Pundru Bhuma Reddy And 4 Others v. The State Of Telangana And Another

13251 1 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1759 OF 2020 Between:

1. Pundru Bhuma Reddy, S/o. Deva Reddy, aged 38 years, Occ. Agriculture, Rl/o. Puspur Village of Lokeshwaram Mandal

2. Pundru Haritha, W/o. Bhuma Reddy, Aged 35 years, Occ. Agriculture, R/o' Puspur Village of Lokeshwaram lr/andal

3. Pundru Deva reddy, S/o. Ramulu , Aged 60 years, Occ Agriculture, Rl/o' Puspur Village of Lokeshwaram Mandal

4. Pundru Gangawa, Wo. Deva Reddy, Aged 55 years, Occ. Agriculture, R/o' Puspur Village of Lokeshwaram Mandal

5. Thenetla Kishta Reddy, S/o. Ramulu, Aged 44 Years, Occ. Agriculture, R/o' Chinna Ghanpur (V), Kulcharam (M), lvledak Dist ...PETITIONER/A1 TO A5 AND

1. The State of Telangana, Represented by the Public Proseculor of High Court at Hyderabad

2. Pundru Devender Reddy, S/o. Muthyam Reddy, Aged 43 years, Occ. Agriculture, Ryo. Puspui Village of Lokeshwaram Mandal ...RESPONDENTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased toto quash the proceedings in cc No. 162 of 2018 on the file of Judicial Magistrate of First Class a Bhainsa.

NO: 2 OF 202 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to Stay all further proceedings in CC No. 162 ot 2018 on the file of Judicial Magistrate of First Class a Bhainsa. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N KRISHNA SU MANTH ,Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and none appeard for the Respondent No.2 The Court made the following: ORDER

THE HON'BLE SRI JUSTICE K. SURENDER CRIMINALPETITION No. 1759 0F 2020 ORDER:

This Criminal petition is filed under Section 482 of the Code of Criminal procedure, 1gZ3 (for short ,Cr.p.C.) by the petitioners/accused Nos. 1 to 5 to quash the proceedings in C.C.No.162 of 2018 on the hle of Judicial Magistrate of First Class at Bhainsa, for the offences under Sections 29a(b), 323, 324, 506, 3S2 r/w. 34 of the Indian Penal Code (for short .the IpCJ.

2.

Respondent No.2 filed a complaint stating that on 2g.7l.2OIZ, the petitioners and respondent No.2 entered into a fight regarding construction of house_ It is alleged that accused No. 1 beat one p. Deva Reddy on his head resulting in receiving grievous injuries. It is also alleged that petitioners 2 to 5 were also part of the group who inflicted injuries. Case and counter cases were filed vide Crime No. lO2 of 2017 and Crime No.103 of 2OlT registered by p.S. Lokeshwaram. In Crime No.1o3 of 2017, charge sheet was fired vide c.c.No. 65 of 2o1g on the hle of Judicial Magistrate of First Class at Bhainsa, the accused pleaded guilty and accordingly convicted.

3.

The learned counsel for the petitioners would submit that since the accused in Crime No. 1O3 of 2Ol7 pleaded guilty it means that these petitioners in the present case are victims for which reason the prosecution case has to be quashed.

4.

On reading of the complaint, the charge sheet and other submissions would reveal that accused No.1 was the person who inflicted injury with a stick. Bald allegations are made against petitioners 2lo 5 stating that they were also involved, however no specific overt acts are attributed to petitioners 2 to 5. 5.

In the present circumstances, this Court deems it appropriate to quash proceedings against petitioners 2 to 5. 6.

Accordingly, the criminal petition is allowed in part' The proceedings against petitioners 2 to 5 in C.C.No.162 of 2O18 on the file of Judicial Magistrate of First Class at Bhainsa are hereby quashed and the proceedings against petitioner No.1 sha1l continue. As a sequel, miscellaneous petitions, pending if any, shall stand closed.

SD/- K.AMMAJI ASSISTANT BEGISTft,AR \t / 4/ SECTION OFFICER To, //TRUE COPY// 1 . The Judicial Magistrate of First Class at Bhainsa.

2. The StationHouse Officer, Lokeshwaram Police Station, Nirmal District'

3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad.[OUT]

4. One CC to SRl. N KRISHNA SUMANTH, Advocate [OPUC]

5. Two CD Copies $

HIGH COURT DNIED:2210812023

ORDER

T S TE e t\ oA CRLP.No.1759 of 2020 o q 2[2 t\lrl I u o o .A * Jr OISpAit', PARTLY ALLOWING THE CRLP @q;3 \r \o