T.Rama Rao v. The State Of A.P., Rep. By Its P.P.

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.1 0 5 of 2 0 1 3 ORDER:

The criminal petition is filed seeking quash of the proceedings in Cr.No.239 of 2012, against the petitioners, who are A1 to A5, on the file of the Station House Officer, Kanchikacherla Police Station, Krishna District. The offences alleged are under Sections 384, 341, 354 read with Section 34 of the Indian Penal Code.

2.

Heard the counsel for the petitioners and the learned Public Prosecutor appearing for the first respondent. None appears for the second respondent.

3.

The allegations made in the complaint, against the petitioners, are that they have forcibly taken the Adangal for the year 1421 and ran away from the spot. In the complaint, the complainant states that he could recognize only five persons, who questioned him and obstructed him. He also stated that even those five persons only questioned him but have not obstructed him. Hence, so being the allegations, prosecution cannot be permitted to continue against the petitioners and it would be only be an abuse of process of law. In the light of the above, the criminal petition is allowed and the proceedings in Cr.No.239 of 2012, against the petitioners, who are A1 to A5, on the file of the Station House Officer, Kanchikacherla Police Station, Krishna District, are hereby quashed.

As a sequel, the miscellaneous petitions, if any pending, shall stand closed. __________ T. RAJANI, J December 13, 2018/ DSK