Kandregula Venkateswarlu v. The State of A.P

This criminal petition under Section 482 Cr.P.C. is filed to quash the proceedings in C.C.No.233 of 2010 on the file of the Additional Judicial First Class Magistrate, Narsapur, West Godavari District.

The petitioner herein is A-7 in the aforesaid proceedings. Learned counsel the petitioner mainly argued ingredients of Section 353 I.P.C. will not attract to the present case on hand, as there is no allegation against the petitioner that he made any attempt violating the provisions of Section 353 I.P.C. It is also contended that the petitioner is a Panchayat Member of Tatipaka Gram Panchayat. The police record, including the charge sheet, shows that the name of A-7 is Yandra Vekateswara Rao, but the name of the petitioner is Kandregula Venkateswarlu, that there is no specific allegation against the petitioner and the present crime is motivated with political rivalry.

Now the point for consideration is whether there are any grounds to quash the proceedings against the petitioner in the above C.C.

As seen from the F.I.R., it was lodged by Maganti Suresh, Sub-Inspector of Police, Palakol Town Police Station. According to him, on 29.5.2008 at 11-00 p.m., he raided the place of incident and arrested one Rajarao along with a cash bag and while bringing the said Rajarao to the Police Station, suddenly A-2 to A-7 came there and got released the arrested person and took away the arrested person from their custody along with the cash bag, resulting in the commission of the offence. The police on receipt of the complaint by S.I. of Police, registered a case in Crime No.51 of 2008 for the offences punishable under Sections 353, 224, 225, 147 read with 149 I.P.C.

As his presence at the place of incident is disputed by the petitioner, it is for him to prove the alibi at the time of raid. Therefore, any finding on that score is premature. In view of the above, I see no grounds to quash the proceedings against the petitioner/A-7.