) 04.07.2023 Srk vs Unknown
2023 Latest Caselaw 3299 AP

             HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

      MAIN CASE No.: Crl.P.No.4346 of 2023


                              PROCEEDING SHEET

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NO.                                                                           NOTE
1)     04.07.2023 SRK, J


                         Learned Assistant Public Prosecutor takes notice

                  for respondent No.1 and seeks time to get instructions

in the matter.

Issue notice to respondent No.2.

Learned counsel for the petitioner is permitted to

take out personal notice to respondent No.2 by RPAD

and file proof of service before the Registry within a

period of three (3) weeks.

This Criminal Petition has been filed on behalf of

the petitioner herein/A1 to quash the proceedings in

SC No.50 of 2023 on the file of learned Assistant

Sessions Judge, Punganur, Chittoor district, registered

for the offences punishable under Sections 337, 338,

307, 120(b), 109 read with 34 IPC.

A perusal of the material on record goes to

show that on 19.05.2012, at about 08.00 PM, accused

No.2 is alleged to have driven his Tempo bearing

SL. DATE ORDER OFFICE NO. NOTE registration No.AP 03/U-5311 in a rash and negligent

manner and dashed the motor cycle on its behind, on

which the deceased of Nariganipalli Village and another

of Diguvalambamvaripalli village were travelling,

keeping a bag of manure in their middle, as a result of

which, the deceased and another sustained bleeding

injuries. The driver of the vehicle was absconding

since then. In connection with that, a case was

registered n Crime No.24 of 2012 of Ramasamudram

Police Station, for the offences punishable under

Sections 337, 338, 307, 120(b), 109 read with 34 IPC

on 23.05.2012 and investigated into.

Thereafter, in the year 2014, the police have

registered a case in Crime No.13 of 2014 for the

offences punishable under Sections 302 and 201 IPC

against the petitioner herein and others. The police,

during the course of investigation, have obtained

confessional statements of co-accused stating that on

the instructions given by the petitioner herein they are

alleged to have caused the death of the deceased. In

connection with that the police have conducted

SL. DATE ORDER OFFICE NO. NOTE investigation and filed charge sheet and the case was

committed to the Court of Sessions, which was

numbered as SC No.412 of 2016 on the file of learned

III Additional Sessions Judge, Kurnool, at Nandyal. By

judgment, dated 01.10.2017, the learned III Additional

Sessions Judge, Kurnool, at Nandyal, found the

accused therein not guilty of the said offences and

acquitted them of the charges.

Be that as it may, in the year 2016, the police are

alleged to have apprehended the driver of the vehicle

in connection with Crime No.24 of 2012 and obtained

his confessional statement stating that he drove the

vehicle in a rash and negligent manner and caused the

accident to the deceased and another, on the

instructions given by the petitioner herein. The

petitioner herein has been implicated in the present

case only basing on the confessional statement of co-

accused who is alleged to have made the said

statement after lapse of 4 years of the incident. There

is any amount of ambiguity as to whether accused

No.2, who is alleged to have driven the vehicle, is the

SL. DATE ORDER OFFICE NO. NOTE same person or not. Except the confessional

statement of co-accused, there is absolutely no other

material to connect the petitioner herein to the alleged

crime. The police, based on the confessional

statement of co-accused in Crime No.13 of 2014, have

gone to the extent of implicating the petitioner herein

in Crime No.24 of 2012.

Since accused No.2 has apprehended after lapse

of four years and except the confessional statement of

co-accused, there is absolutely no other material to

connect the petitioner herein to the alleged crime, it

needs examination.

In view of the aforesaid facts and circumstances

of the case, there shall be interim stay of all further

proceedings including appearance of the petitioner

herein/A1 in SC No.50 of 2023 on the file of learned

Assistant Sessions Judge, Punganur, Chittoor district,

for a period of eight (8) weeks.

List the matter after six (6) weeks.

                                                                  ______
                                                                  SRK, J
                 Nsr





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