Mohammed Ismai And 4 Others vs The State Of Ap., Through Sho., ...
2022 Latest Caselaw 4239 Tel

      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

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,

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.

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