Criminal Appeal No. 3388 of 2011 · Andhra Pradesh High Court
Case at a glance
Outcome
Dismissed
Accordingly this petition is dismissed
Provisions considered
- Code of Criminal Procedure, 1973 ss. 437, 482
- Indian Penal Code, 1860 ss. 34, 323, 427, 447, 506, 509
Key paragraphs
- Para 33. Sri K. Jyoti Prasad drew my attention to the allegations in the charge sheet and also certain suits pending between the parties on the civil side. The contention of the petitioner’s counsel is that a false case has been foisted because of the civil…
Judgment
Between: Gandepalli Srinivas and others The State of AP and others ..Petitioners Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P.No.3388 of 2011 Order: The petitioners herein are shown as A-1 to A-7 in CC.No. 166 of 2011 on the file of the court of I Additional Chief Metropolitan Magistrate, Visakhapatnam. They filed this petition under section 482 Cr.P.C. for quashing the aforesaid criminal case.
The offences alleged in the charge sheet are those punishable under sections 447, 427, 506, 323 and 509 read with S. 34 IPC and it arises on the complaint given by the second respondent, who is the de facto complainant in the case.
Operative part
Sri K. Jyoti Prasad drew my attention to the allegations in the charge sheet and also certain suits pending between the parties on the civil side. The contention of the petitioner’s counsel is that a false case has been foisted because of the civil disputes. However a perusal of the complaint would show that on 8-1-2010 at about 0400 hours all the petitioners herein are said to have broken the gate of the vacant site of the de facto complainant because of the disputes between them and assaulted him. Thus, the allegations in the charge sheet do disclose criminal offence against the petitioners. Hence I am unable to agree with the petitioner’s counsel that this court can interfere in this matter. Accordingly this petition is dismissed.
It is seen from the charge sheet copy that A-1 to A-5 i.e., petitioner Nos. 1 to 5 herein surrendered before the concerned court and they were granted bail; whereas A-6 and A-7 herein are reported to be absconding. It shall be open for petitioner Nos. 6 and 7 (A-6 & A-7) who are women to apply for bail before the concerned court and the said court shall dispose of that application in accordance with the law, having regard to the special provisions made for women regarding bail under section 437 Cr.P.C. _____________________ N. RAVI SHANKAR, J. April 18, 2011. *BVS
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly this petition is dismissed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 437, 482; Indian Penal Code, 1860 — ss. 34, 323, 427, 447, 506, 509.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.