Andhra Pradesh High Court - Amravati
Gurram Sudhakar Naidu vs The State Of Andhra Pradesh on 14 June, 2022
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Criminal Petition No.2419 of 2022
ORDER:
This Criminal Petition under Section 482 Cr.P.C. is filed
seeking quash of charge-sheet against the petitioner in Sessions
Case No.421 of 2016 on the file of the VI Additional District and
Sessions Judge, Anantapuramu District at Gooty.
2. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the 1st respondent State and
Sri N.Ranga Reddy, learned counsel for the 2nd respondent-
de facto complainant.
3. The petitioner is A-6 in Crime No.31 of 2015 of
Peddavaduguru Police Station, Anantapuramu District. A case
under Sections 147, 148, 324, 307, 302 r/w.149 of IPC and
Section 120-B of IPC was registered against him along with
other accused in the above crime. After completion of
investigation, eventually, charge-sheet was filed by the
Investigating Officer against the petitioner and other accused for
the aforesaid offences. The committal Court has taken
cognizance of the said case and after complying with the legal
formalities has committed the said case to the Sessions Division
for trial and the said case is now pending before the Sessions
Court for trial. Now, it is the grievance of the petitioner that no
case is made out against him for the offences punishable under
Sections 147, 148, 149 and 120-B of IPC. Therefore, he has
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Crl.P.No.2419 of 2022
filed the present Criminal Petition seeking quash of the charge-
sheet against him for the said offences.
4. As per the submissions made by the learned Additional
Public Prosecutor for the 1st respondent State and also Sri N.
Ranga Reddy, learned counsel for the 2nd respondent - de facto
complainant, charges have already been framed in the trial
Court in the said case and the matter stood posted for trial on
15.06.2022 i.e. tomorrow.
5. The petitioner did not submit that no case is made out
against him for the offences punishable under Sections 147,
148, 149 and 120-B of IPC at the time of hearing the case by the
trial Court before framing charges. However, the present
Criminal Petition is filed for quash relating to the said offences.
6. Since the charges have already been framed in the trial
Court and as the matter stood posted to tomorrow for trial, at
this stage, this Court is not inclined to quash the charge-sheet
against the petitioner-A6 relating to the said offences.
7. Learned counsel for the petitioner has relied on several
judgments of the Apex Court in support of his contention stating
that no case is made out from the facts of the case for the
offences punishable under Sections 147, 148, 149, 120-B of IPC
against the petitioner herein.
8. It is open to the petitioner to take the said defence and
raise the said plea during the course of trial in the trial Court
and also to cite the judgments relating to the decided case law
before the trial Court. The trial Court shall consider the said
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Crl.P.No.2419 of 2022
pleas that may be raised by the petitioner during the course of
trial and also the judgments relied on by him, in the final
adjudication of the case and examine whether any case is made
out against the petitioner-A6 for the offences punishable under
Sections 147, 148, 149 and 120-B of IPC or not.
9. Therefore, the Criminal Petition is disposed of with a
direction to the petitioner-A6 to raise the said pleas before the
trial Court and with a further direction to the trial Court to
consider the said pleas that may be raised by the petitioner in
the final adjudication of the case.
Miscellaneous Petitions, if any pending in this Criminal
Petition, shall stand closed.
________________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date:14-06-2022.
Note:
Issue C.C. by tomorrow.
B/O
cs
