HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.6862 OF 2022
ORDER:
1. The petitioner is urging this Court to quash the proceedings against him in a case registered for attempt to murder under Section 307 of IPC on the basis of complaint of the 2nd respondent and pending as PRC No.21 of 2022 on the file of I Principal Junior Civil Judge-cum-VIII Additional Metropolitan Magistrate, Kukatpally.
2. According to the complaint, this petitioner and A3 and A4 who are neighbouring plot owners of the complainant were trying to criminally trespass into the complainant's land and knock away his property. Charge sheet was filed on the basis of a Criminal complaint that was filed on 21.09.2019 and pending as PRC No.12 of 2021. Warrants were pending against accused . On 02.03.2021 when the 2nd respondent and others went to the Court situated at Kukatpally and when the complainant/2nd respondent came out of the court moving towards his vehicle then A1 and A2 caught hold of the complainant and tried to throttle him and threatened to 2 withdraw the cases against this petitioner and two others and if he pursued with the said cases against this petitioner and others, complainant and his family would be killed. A1 slapped and gave fist blow. However, the 2nd respondent/complainant with the help of his employees escaped from the Court premises and lodged the compliant. It is further stated that the said complainant has filed suit for damages of Rs.4.00 Crores for causing mental agony and inconvenience.
3. On the basis of the complaint, the police investigated and found that A1 and A2 planned to kill the 2nd respondent on the instructions of this petitioner and two others. When the 2nd respondent went to the Court on 02.03.2021, A1 and A2 intercepted and attempted to kill him. The reason for implicating this petitioner is that the petitioner is complicit along with other accused to murder the complainant according to the alleged confession of A1.
4. Learned counsel appearing for the petitioner would submit that even admittedly the petitioner was not present when the alleged incident had taken place in Kukatpally 3 Court. On the basis of the confession of an accused, the petitioner cannot be arrayed as accused and this petitioner cannot be tried for the offence of attempt to murder. The incident allegedly happened in the court premises, it is not believable that such an incident occurred wherein A1 and A2 tried to throttle the 2nd respondent in the Court premises. Admittedly, there are no visible injuries or any treatment by a Doctor to infer that any such acts were done by A1 and A2. When the said incident does not attract offence under Section 307 of IPC, the question of proceedings against this petitioner/A5 does not arise. He relied on the judgment of Hon'ble Supreme Court in the case of Dipakbhai Jagdishchandra Patel v. State of Gujarat and another1. He further argued that since there are allegations in the present charge sheet against the petitioner, the proceedings have to be quashed though the charge sheet says that a separate charge sheet would be filed against the petitioner/A5. 1 (2019) 16 SCC 547 4
5. On the other hand, learned counsel appearing for the 2nd respondent/complainant would submit that it is a clear case of criminal conspiracy amongst the accused to do away with the life of the 2nd respondent. There are civil disputes pending and this petitioner is neighboring land owner. In the back ground of pending civil disputes the acts of this petitioner and others are more probable. Regarding an attempt made to kill the 2nd respondent earlier also, charge sheet was also filed which is pending as PRC No.12 of 2021.
6. Admittedly, this petitioner was not present when the alleged incident happened in the court premises. Only on the basis of the confession of A1, this petitioner is shown as conspirator along with A1 and A2. However, no charge sheet is filed against this petitioner. It is mentioned in the charge sheet that this petitioner is absconding and supplementary charge sheet will be filed after his apprehension and arrest. Under Section 173(8) of Cr.P.C, a supplementary charge sheet or further report or reports can be filed. Though there is a mention regarding complicity of A5, since no charge sheet is 5 filed and in the back ground of evidence against A5 being the alleged confession of A1 only, charge sheet against A5 may not be filed.
7. In the said circumstances, when there is no final report/charge sheet in respect of the petitioner and the petitioner is asking to quash proceedings on the basis of an eventuality, the said prayer cannot be entertained.
8. Accordingly, the Criminal Petition is dismissed. Consequently, miscellaneous petitions, if any, shall stand closed.
_________________ K.SURENDER, J Date: 10.03.2023 kvs 6 THE HON'BLE SRI JUSTICE K.SURENDER Crl.P.No.6862 of 2022 Dated: 10.03.2023 kvs