Telangana High Court
P. Ghana Teja Rao vs The State Of Telangana on 16 April, 2024
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION No.5537 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of
the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by
the petitioner/accused No.1 seeking to quash the
proceedings against him in C.C.No.1231 of 2022 on the file
of the III Additional Metropolitan Magistrate, at Nampally,
Hyderabad, for the alleged offences punishable under
Section 304(A) of the Indian Penal Code, 1860 (for short
'IPC') and Sections 130(1) and 177 of Motor Vehicles Act,
1988 (for short 'Act, 1988').
2. The brief facts of the case are that on 06.02.2022
the respondent No.2 lodged a complaint stating that on
05.02.2022 at about 17:10 hours his father by name Mandal
Ramesh was going from Erragadda towards Panjagutta on
his two wheeler vehicle bearing No.AP12C8953 and when he
reached near Ameerpet Metro Station, a four wheeler vehicle
bearing No.AP21AR0375 (red color nano) came in rash and
negligent manner and dashed the vehicle of his father due to
which he fell down and sustained injuries. The surrounding
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people immediately arranged an ambulance and shifted him
to NIMS Hospital, Panjagutta and informed the respondent
No.2. Thereafter, when respondent No.2 rushed to the
hospital, he was informed that his father sustained serious
injury on head and due to blood clots, he went to coma.
3. On receipt of said complaint, the Police investigated
the matter and on completion of investigation a charge sheet
was filed, wherein, the petitioner was arrayed as accused
No.1. Aggrieved thereby, this Criminal Petition is filed.
4. Heard Sri Nabi Rasool Baladur, learned counsel for
petitioner/accused No.1, and Sri S.Ganesh, learned
Assistant Public Prosecutor, appearing for the respondent
No.1 - State. No representation on behalf of respondent
No.2.
5. Learned counsel for petitioner submitted that the
petitioner is falsely implicated in this case and that he is
nowhere concerned with the alleged offence. He informed
that the petitioner is pursuing graduation in Tapasya Degree
College, at Kukatpally. He contended that the father of
respondent No.2 came in high speed and hit the road wider
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and by that time the petitioner was taking u turn due to
which the car hit the two wheeler from left side as a result of
which the father of respondent No.2 fell down and later died.
He further contended that after the incident the petitioner
and his family members insisted to get the CCTV footage but
the Police refused and the same clearly proves that the
petitioner is falsely implicated in this case. Therefore, prayed
this Court to allow the Criminal Petition by quashing the
proceedings against the petitioner.
6. On the other hand, the learned Assistant Public
Prosecutor opposed the submissions made by learned
counsel for petitioner and contended that the complaint
averments disclose that there was negligence on the part of
the petitioner and due to the said negligence and rash
driving the father of respondent No.2 sustained severe
injuries and later died due to the said injuries. Therefore,
stating that the matter requires a detailed trial, prayed this
Court to dismiss the Criminal Petition.
7. At this stage, it is pertinent to note the Judgment of
the Hon'ble Supreme Court in State of Madhya Pradesh
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vs. Surendra Kori 1, wherein in paragraph No.14 it is held
as follows:
"The High Court in exercise of its powers under
Section 482 Cr.P.C. does not function as a Court of
appeal or revision. This Court has, in several
judgments, held that the inherent jurisdiction
under Section 482 Cr.P.C., though wide, has to be
used sparingly, carefully and with caution. The
High Court, under Section 482 Cr.P.C., should
normally refrain from giving a prima facie decision
in a case where the entire facts are incomplete and
hazy, more so when the evidence has not been
collected and produced before the Court and the
issues involved, whether factual or legal, are of
wide magnitude and cannot be seen in their true
perspective without sufficient material."
8. Having regard to the rival submissions made and
on going through the material placed on record, it is noted
that while dealing with the petition filed under Section 482
of C.P.C., the Court has to take into consideration the
averments made in the complaint and the averments
recorded in the statements of the witnesses and if the
averments made therein do not constitute any offence as
(2012) 10 SCC 155
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alleged against the accused persons, then the proceedings
against the accused persons are liable to be quashed. In the
case on hand, there is no other material placed on record
except the complaint filed by respondent No.2. In such
circumstances, the Court is inclined to consider the
averments made in the complaint.
9. In the present case, though it is the specific
contention of learned counsel for petitioner/accused No.1
that the father of respondent No.2 died due to his own
negligence as the said two wheeler was in high speed, the
averments of the complaint would reveal that the
petitioner/accused No.1 was driving a four wheeler bearing
No.AP21AR0375 (red color nano) and came in rash and
negligent manner and ultimately dashed the two wheeler
due to which the father of respondent No.2 fell down and
sustained severe injuries and even after taking treatment, he
died. It is noted that except the complaint, no other
document or statement is filed, and the averments made in
the complaint requires trial to elicit whether due to whose
negligence the accident occurred. As such, at this stage, the
question of quashing the proceedings against the
petitioner/accused No.1 does not arise.
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10. In view of the above, and as per the law laid down
by the Hon'ble Supreme Court in the State of Madhya
Pradesh vs. Surendra Kori (supra) this Court is of the view
that there are no merits in this Criminal Petition and the
same is liable to be dismissed. Accordingly, the Criminal
Petition is dismissed.
Miscellaneous applications, if any pending, shall
also stand closed.
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K. SUJANA, J
Date:16.04.2024
PT
