Bandla Krishna v. The State Of A.P.,Rep.,Pp

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRL.P.No.12906 of 2015 ORDER:

This Criminal Petition is filed by the Petitioner-accused to quash the proceedings initiated against him in C.C.No.439 of 2015 on the file of the V-Additional Junior Civil Judge, Guntur, registered for the offence punishable under Section 324 I.P.C.

On a complaint given by the 2nd respondent herein, a case in Crime No.7 of 2015 was registered against the petitioner and another by the Station House Officer, Arundelpet Police Station, Guntur Urban District for the offence punishable under Section 324 read with Section 34 I.P.C. Eventually, after completion of investigation, a charge sheet was laid against the petitioner for the offence under Section 324 I.P.C. in the Court of the V-Additional Junior Civil Judge, Guntur and the same was numbered as C.C.No.439 of 2015. The allegation against the petitioner is that on 04.01.2015 at about 7.30 P.M. he beat the 2nd respondent-complainant with an iron badisa on his head and left ear and caused bleeding injuries. Heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor, representing the State.

The allegations in the charge sheet clearly reveal a prima facie case against the petitioner-accused for the offence punishable under Section 324 I.P.C. The truth or otherwise of the allegations cannot be gone into in this petition and it can only be decided during the course of trial. Therefore, I see no reason to interfere with the matter at this stage by quashing the proceedings initiated against the petitioneraccused. Instead it is better to allow the trial in the case to be expedited.

Accordingly, the Criminal Petition is dismissed. However, the

trial Court is directed to proceed with the trial of the case expeditiously without insisting the presence of the petitioner-accused on every date of hearing unless it feels that his presence is necessary for any specific purpose.

Miscellaneous petitions, if any, pending shall stand closed. _________________ M.S.K.JAISWAL, J 07-12-2015 Gsn