Sri. Guguilla Srikanth Goud v. The State Of Telangana

HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.15335 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings in Cr.No.300 of 2016 of Sircilla Town at Rajanna Sircilla District for the offences punishable under Sections 143, 147, 148, 120B, 153, 341, 427, 307, 353 and 188 read with 149 of I.P.C.

It is the case of prosecution that on 13-9-2016, a political altercation was taken place between the political parties at Yellareddipet regarding demand of announcing the district status to Siricilla and on 14-9-2016 at about 11.30 hours, the accused persons i.e., petitioners and others formed into an unlawful assembly and stopped the vehicle bearing No.A.P.12 P 1919 occupied by Thota Agaiah, Z.P.T.C. Yellareddipeta and others with an intention to kill the occupants of the said vehicle and when the police party rescued the occupants from the petitioners and others, the petitioners and others assaulted the police party while discharging their legitimate duties and thereby, the petitioners committed the above said alleged offences.

Petitioners contended that they never involved in any such incident and that the facts mentioned in the complaint would not attract such serious offences punishable under Sections 143, 147, 148, 120B, 153, 341, 427, 307, 353 and 188 read with 149 of I.P.C.

As seen from the material on record, more particularly allegations made in the F.I.R., police S.I. of Police who is a defacto complainant presented a complaint to the Station House Officer making serious allegations. Therefore, it is a not a fit case to quash the proceedings against the petitioners and hence, I find it is a fit case to direct the police to follow the procedure as contemplated under Section 41-A of Cr.P.C. and the guidelines laid down by the Supreme Court in JOGINDER KUMAR v. STATE OF UTTER PRADESH AND OTHERS (1).

Accordingly, this Criminal Petition is disposed of directing the police to follow the procedure as contemplated under Section 41-A of Cr.P.C. and the guidelines laid down by the Supreme Court in JOGINDER KUMAR v. STATE OF UTTER PRADESH AND OTHERS (1st cited).

As a sequel to the disposal of this petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed. _________________________________ JUSTICE M.SATYANARAYANA MURTHY Dated 28-10-2016.

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1 1994 Crl.L.J.1981

HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.15335 OF 2016 Dated 28-10-2016.

Dvs