Andhra Pradesh High Court - Amravati
Balaraju Sudarshan Raju vs The State Of Andhra Pradesh on 5 November, 2024
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APHC010475592024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
TUESDAY ,THE FIFTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
I.A.Nos.2 & 3 of 2024
IN/AND
CRIMINAL PETITION NO: 7615/2024
Between:
Balaraju Sudarshan Raju ...PETITIONER/ACCUSED
AND
The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S)
Others
Counsel for the Petitioner/accused:
1. M VENKATESWARLA REDDY
Counsel for the Respondent/complainant(S):
1. KALEPU YASHWANTH
2. PUBLIC PROSECUTOR
The Court made the following
COMMON ORDER:
The instant petition under Section 482 of the Code of Criminal
Procedure, 1973 (for short 'Cr.P.C) has been filed by the Petitioner/Accused
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No.4, seeking quashment of the proceedings against him in P.R.C.No.23 of
2017 on the file of Judicial First Class Magistrate, Rajampet registered for
the offences punishable U/s 147, 148, 324, 506 r/w 149 IPC and Section
3(1)(x) of SC ST Act.
2. I.A.No.2 of 2024 is filed by the Respondent No.2/complainant under
Section 482 read with 320(6) Cr.P.C., seeking permission to compound the
offences under Sections U/s 147, 148, 324, 506 r/w 149 IPC and Section
3(1)(x) of SC ST Act.
3. I.A.No.3 of 2024 is filed by Respondent No.2/complainant under
Section 482 read with 320(2) Cr.P.C., seeking to record the compromise
and quash the P.R.C.No.23 of 2017 on the file of Judicial First Class
Magistrate, Rajampet.
4. The complainant and Accused No.4 are present before this Court.
They are identified by their respective counsel on record. Copies of their
Aadhar cards attested by their respective counsel are filed for proper
identification.
5. Sri C. Panini Somayaji, learned Assistant Public Prosecutor is in
attendance
6. Sri Shaik Mohammed Ismail, learned counsel representing Sri M.
Venkateswarla Reddy, learned counsel for the Petitioner/Accused No.4
brought to the notice of this Court that the sessions case against the
Petitioner/Accused No.4 is split up at the stage of acquittal in P.R.C.No.23
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of 2017 since the Accused No.4 was not available and he left for Kuwait for
his livelihood.
7. Learned counsel further would submit that the cases against the
remaining accused were ended with clean acquittal since none of the
witnesses deposed supporting the prosecution vide judgments in Spl.
S.C.Nos.39 of 2016 & 8 of 2019 on the file of Special Sessions Judge for
Trial of offences under SC's and ST's (POA) Act, Kadapa.
8. Learned Assistant Public Prosecutor would submit that the Court may
pass appropriate orders.
9. Considering the submissions made, since the Complainant voluntarily
come forward to compound the offences, I.A.Nos.2 & 3 of 2024 are allowed.
Consequently, the Criminal Petition is allowed and the case against the
Petitioner/Accused No.4 in P.R.C.No.23 of 2017 on the file of Judicial First
Class Magistrate, Rajampet registered for the offences punishable U/s 147,
148, 324, 506 r/w 149 IPC and Section 3(1)(x) of SC ST Act, is hereby
quashed.
Pending applications, if any, shall stand closed.
______________________________________
JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date:05.11.2024
krk
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THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
I.A.Nos.2 & 3 of 2024
IN/AND
CRIMINAL PETITION NO: 7615/2024
05.11.2024
krk
