A. Raja v. P Y Sreenivasulu

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.16019 OF 2014 ORDER:

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, requesting to quash the First Information Report in Crime No.116 of 2014 of S.R. Puram Police Station, Chittoor District.

2. Learned counsel for the petitioner would submit that the Criminal Petition be allowed since the petitioner has not arraigned as an accused when the charge sheet was filed by the police.

3. The learned Additional Public Prosecutor for the State of Andhra Pradesh would submit that when charge sheet was filed before the Judicial Magistrate of First Class, Puttur, alleging the offences punishable under sections 448, 363, 365, 506, 342 and 323 read with 34 IPC and Section 3 (1) (x) (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Crime No.116 of 2014 of S.R. Puram Police Station, Chittoor District, the name of the petitioner herein is not shown as accused, and he has submitted the instructions given by the Sub-Inspector of Police, S.R. Puram Police Station, Chittoor District, along with a copy of charge sheet.

ASN,J Crl.P. No.16019 of 2014

4. A perusal of the charge sheet would show the names of i) P. Hymavathi, wife of late Ramanaiah, ii) M.B. Rubin Chakravarthy @ Puppy, son of M. Dorairaj; and iii) G. Santhamma, wife of late Venkatrama Naidu as accused Nos.1 to 3 respectively, and there is reference to accused No.4, by name G. Harikrishna, juvenile in conflict with law, but the name of present petitioner is not shown anywhere as accused. In such an event, the petition renders infructuous.

Therefore, the Criminal Petition is dismissed as infructuous. As a sequel thereto, miscellaneous petitions, if any, pending in the petition, stand closed.

__________________________ A. SHANKAR NARAYANA, J February 23, 2017.

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