HON'BLE SRI JUSTICE A.SANTHOSH REDDY
CRL.P.No.850 OF 2014
ORDER:
This criminal petition is directed under Section 482 Cr.P.C., to quash the proceedings against the petitioner/A-5 in C.C.No.169 of 2018 on the file of Judicial Magistrate of First Class (Special Mobile), Karimnagar.
2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for respondent Nos.1 and 2. None represented the third respondent. Perused the material on record.
3. The prosecution case is that on 21.06.2013 at about 9.30 the third respondent filed a complaint alleging that A-1 is the father and A-2 to A-5 his sons and on that day in the afternoon when he was present in the Masjid and attending Friday prayers, he noticed that A-1 was manhandling one Abdul Latheef Nadwi when he was sitting on the mimber (Alkha). As such, himself and one Abdul Mubeen requested A-1 not to manhandle him. On that A-4 and A-5 threatened him with dire consequences that they would kill him and A-1 started beating him with hands due to previous enmity 2 and A-4 also beat him with hands on back. Meanwhile, one Mohammad Baig tried to rescue him. But the accused started beating him with hands. On noticing the same, one Abdul Hameed when tried to rescue, A-2 caused mischief by damaging the cell phone of Abdul Hameed. After the incident, the accused wrongfully restrained him and threatened him with dire consequences. On the said allegations, a case in crime No.195 of 2013 for the offences under Sections 341, 323, 427, 506 read with Section 34 IPC was registered, investigated into and charge sheet was filed against A-1 to A-5 for the aforesaid offences. The learned Additional Judicial Magistrate of First Class, Karimnagar has taken cognizance of the same vide C.C.No.942 of 2013 against the accused and subsequently, the case was transferred to the Court of Special Judicial Magistrate of First Class(Excise), Karimnagar and was re-numbered as C.C.No.256 of 2014.
4. The learned Judicial Magistrate of First Class (Special Mobile), Karimnagar has proceeded with the case against A-1 to A-4 vide C.C.No.256 of 2014 and split-up case against the petitioner/A-5 as C.C.No.169 of 2018. After full pledged trial, 3 since the prosecution has failed to prove the guilt of A-1 to A-4, the learned Magistrate acquitted them for the offences under Sections 341, 323, 427 and 506 read with Section 34 IPC vide judgment, dated 05.09.2019.
5. Learned counsel for the petitioner submits that prima facie, there is no material to proceed against the petitioner/A-5 and keeping in view that case against other accused i.e. A-1 to A-4 ended in acquittal, the case against the petitioner may be quashed by allowing the criminal petition.
6. Learned Assistant Public Prosecutor opposed the petition and submits to decide the petition on merits.
7. A perusal of the judgment in C.C.No.256 of 2014 categorically shows that the learned Magistrate has recorded the evidence of Pws.1 to 6 and marked Exs.P.1 to P.7. The material witnesses Pws.1 and 2 who are the eye-witnesses did not support the case of the prosecution. The evidence of other witnesses did not establish the guilt of the accused and thereby, the learned Magistrate found A-1 to A-4 not guilty and acquitted them. 4
8. Having regard to the facts and circumstances of the case, as the main case against A-1 to A-4 was tried and disposed of finding the accused not guilty, the continuation of proceedings against the petitioner/A-5 and directing him to undergo the rigmarole of trial in the absence of specific allegations of attracting the alleged offences against him would be harassment and amount to abuse of process of law.
8. Therefore, I am of the view that it is a fit case to invoke the powers under Section 482 Cr.P.C. to quash the proceedings against the petitioner/A-5.
9. In the result, the criminal petition is allowed and the proceedings against the petitioner/A-5 in C.C.No.169 of 2018 on the file of Judicial Magistrate of First Class (Special Mobile), Karimnagar, are hereby quashed.
______________________ A.SANTHOSH REDDY, J 23.08.2022 Nvl