D.Yadaiah, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.14307 of 2013 & 14548 OF 2013 COMMON ORDER:

Since these two Criminal Petitions are arising out of same proceedings, they are heard together and being disposed of by this common order.

Criminal Petition No.14307 of 2013 is filed by both complainant and victim; and Criminal Petition No.14548 of 2013 is filed by the accused under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.196 of 2013 on the file of Manchal Police Station, Cyberabad, Hyderabad registered for the offence punishable under Section 365 IPC. The victim is the son of complainant. The allegations in the complaint are that on 13.11.2013 at 9.00 a.m., while the complainant along with his wife and son (victim) was proceedings towards Ibrahimpatnam from Japal in an Auto, when they reached S.C. Colony, four unknown persons came in Bolero van, stopped the auto and took away the son of the complainant and when he questioned, they informed him that they are taking his son to the hospital upon the instructions of Janaharsha Management. He searched for his son in the hospital at Ibrahimpatnam and as his son was not found in the hospital, he lodged the complaint for taking action against the management of Janaharsha.

Heard and perused the material on record.

In Criminal Petition No.14307 of 2013 filed by the complainant and his son, it is stated that the complainant lodged the complaint on mere apprehension that his sonvictim was forcibly taken away and in fact, after few hours of lodging the present complaint, his son came to his house and informed that he himself went out and nobody forcibly taken him. Immediately, though the complainant approached the police and requested to withdraw the complaint, no action was taken. It is also stated that in the statement of the son of the complainant obtained under Section 164 Cr.P.C., he deposed in the lines as tutored by the police by force and coercion. To the said effect, they have also filed separate affidavits before this Court in Criminal Petition No.14548 of 2013 filed by the accused.

Considering the same, this Court is of the view that no purpose would be served in keeping the impugned proceedings pending against the accused and hence, this Court is inclined to quash the same. In the result, Criminal Petition Nos.14307 of 2013 and 14548 of 2013 are allowed and the proceedings in Crime No.196 of 2013 on the file of Manchal Police Station, Cyberabad, Hyderabad are hereby quashed.

Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________________ JUSTICE RAJA ELANGO 28.09.2016 Tsr