Gottipati Chandra Sekhar vs The State Of Telangana And Another
2023 Latest Caselaw 1142 Tel

           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

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

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.

(2019) 16 SCC 547

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

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

THE HON'BLE SRI JUSTICE K.SURENDER

Crl.P.No.6862 of 2022

Dated: 10.03.2023

kvs