Maddigatla Sandeep Kumar Reddy v. The State Of Telangana

[ 321s ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO: 4599 OF 2023 Between:

Maddigatla Sandeep Kumar Reddy, S/o. Bhaskar Reddy, Occ. Student, R/o. Dandugadda Colony of Kothakota Village, Kothakota Mandal, Wanaparthy Diskict.

...Petitioner/Accused No.1 5

AND The State of Telangana, Through SHO, Kothakota P.S., Rep. by its Pubtic Prosecutor, High court of Judicature for the State of Telangana, At Hyderabad. RespondenUDefacto-Complainant 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 quash the Proceedings in C.C No. 100 of 2021 on the file of Judicial First Class Magistrate Court, Wanaparthy, Wanaparthy District. l.A. NO: 1OF 2023 Petition under Section 482 of Cr.P.C piaying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the petitioner in C.C No.

100 of 2021 on the file of Judicial First Class Magistrate Court, Wanaparthy, Wanaparthy District, pending disposal of the main Criminal Petition.

THE HONOURABLE SMT. JUSTTCE T. MADHAVI DEVI CRIMINAL PETITION NO.4599 OF 2023

ORDER

In this Criminal Petition, the petitioner is arrayed as Accused No.15 and offences registered against him are under Sections 188 and I \ 160 of IPC and Section 518 of the Disaster Management Act. I I 2.

After going through the complaint, it is noticed that the names of the persons who were quarrelling with each other during the Covid-l9 lockdown period are not mentioned except for some bike numbers. After going through the contents of the charge sheet, it is noticed that there is no reference to any particular information through which the petitioner was identified to be involved in the crime.

3.

In view of the same, this Court is of the opinion that no case is made out against the petitioner herein/Accused No.15 for being charged with the offences punishable under Sections 188 and 160 ofIPC and Section 518 of the Disaster Management Act. The charge sheet in C.C.No.l00 of 2021 pending on the file of the Judicial First Class \

Crl.P.No.4599 of 2023 Magistrate's Court, Wanaparthy, Wanaparthy District is accordingly quashed against the petitioner/Accused No. 1 5. 4.

The Criminal Petition is accordingly allowed. 5.

Pending miscellaneous petitions, if any, in this Criminal Petition shall stand closed.

I Sd/- A.V.S PRASAD ASSISTANT REGISTRAR /ITRUE COPY// & SECTION OFFICER To,

1. The Judicial First Class Magistrate Court, Wanaparthy, Wanaparthy District.

2. The Station House Officer, Kothakota Police Station, Wanaparthy District.

3. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana, Hyderabad.IOUT]

4. One CC to Sri SURESH BABU KULLAPAREDDY, Advocate [OPUC]

5. Two CD Copies SP tNk-

HIGH COURT DATED:0711212023 Aj-6 S ( q a o 1 B 0Et 202x ,+ .4

ORDER

oEsPATc * t CRLP.No.4599 of 2023 ALLOWING THE CRIMINAL PETITION