Bathula Jay Kumar Yadav v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.1 0 9 5 9 OF 2 0 1 8 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/ Accused Nos.1 to 3 to call for the records relating to C.C.No.630 of 2016 on the file of XXIV Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad, and quash the same. The offences are punishable under Sections 448 and 427 I.P.C.

2.

Heard the learned counsel for the petitioners/ Accused Nos.1 to 3 and the learned Additional Public Prosecutor appearing for the 1st respondent-State. Perused the record.

3.

As per the First Information Report, the Innova car bearing registration No.AP-09-BB-3256, belonging to the 2nd respondent/ de facto complainant, which was parked at his house bearing No.44-8, Beerappa Nagar, Jagadgirigutta, was damaged on 16.02.2016 at 23: 00 hours and mirror of the car was broken. There is also panchanama to substantiate the same.

4.

In the course of investigation, it has come up that these petitioners/ Accused Nos.1 to 3 are responsible for damage of said Innova car. There is also direct witness to the alleged incident. Under these circumstances, it cannot be said that there are no grounds to proceed for the offences punishable under Sections 448 and I.P.C.

registered against the petitioners/ Accused Nos.1 to 3. Therefore, continuation of proceedings against

the petitioners/ accused Nos.1 to 3 in the subject Calendar Case are not abuse of process of law.

5.

Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ______________________ Dr . SHAMEEM AKTHER, J MARCH 2 0 , 2 0 1 9 YVL

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.1 0 9 5 9 OF 2 0 1 8 Dat e:2 0 .0 3 .2 0 1 9 YVL