Pagidirai Venkata Ramudu, Kurnool Dist., And ANR. v. Boya Sudhakar, Kurnool Dist., And ANR.
HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD CRIMINAL PETITION No.8613 of 2011 ORDER :
This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioners/A.1 and A.2 seeking to quash the proceedings in Crime No.126/2011 of Pathikonda Police Station, Kurnool District, registered against them for the offences punishable under Sections 324, 307 r/w. Section 34 IPC.
Heard learned counsel for the petitioners/A.1 and A.2 and the learned Additional Public Prosecutor appearing for the 2nd respondent-State.
Learned counsel for the petitioners/A.1 and A.2 submits that the petitioners are innocent of the offences alleged against them and they were falsely implicated in this case as a counter-blast for the complaint lodged by them against the 1st respondent - defacto-complainant.
The learned Additional Public Prosecutor opposed for quashing of the proceedings in the above crime as there are serious allegations against the petitioners.
Having regard to the facts and circumstances, since there is an allegation of attempt to murder alleged against the petitioners/A.1 and A.2 and since there are overtacts of
GSP,J Crl.P.No.8613 of 2011 causing head injury to the 1st respondent - defactocomplainant by using stick, this is not a fit case to quash the proceedings against the petitioners/A.1 and A.2. Accordingly, this Criminal Petition is dismissed.
However, the respondent police are directed to conduct investigation as per the procedure prescribed and the petitioners/A.1 and A.2 may move an application seeking bail, at the appropriate stage.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_______________________________ GUDISEVA SHYAM PRASAD, J 20.04.2018.
Msr
GSP,J Crl.P.No.8613 of 2011 HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD CRIMINAL PETITION No.8613 of 2011 20.04.2018 Msr