A. Subramanyam Raju v. The State of A.P & Anr.

HON'BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION No.10205 of 2010 ORDER : This criminal petition is filed under Section 482 Cr.P.C., by accused No.3 in Crime No.59 of 2010 registered on the file of Bhimavaram Rural Police Station of West Godavari District, seeking to quash the said proceedings. The above crime is registered on complaint of the 2nd respondent, for the offences under Sections 506, 448, 447, 323, 379, 354 and 365 read with Section 34 of IPC. In the complaint filed by the 2nd respondent before the Police, it is stated that on 15.05.2010 at about 8 p.m., one Sri Srinivasa Raju and Sri Nowduru Subba Raju and others have attacked their house and they have dragged the complainant and another family member, namely, Savitri. It is also alleged that an amount of Rs.40,000/- was stolen and that the household articles worth about Rs.1,00,000/- were destroyed. On the aforesaid complaint, a case is registered for the aforesaid offences against the petitioner and two others and petitioner is shown as accused No.3. In this criminal petition, it is submitted by the learned counsel for petitioner that on hearing the gallata, he went to rescue complainant, inspite of the same, he was also made accused. From a perusal of the complaint, it is clear that there are also allegations against the petitioner alleging that the persons who entered their house illegally, have caught hold of the hair of one Savitri, who is the family member of the complainant and spoiled the articles in her room also, and the said persons include the petitioner also. Whether the petitioner was present or not at the time of incident and whether the allegations made against him are true or not, are the matters which are to be investigated in to. In that view of the matter, I do not find any ground to entertain this petition for quashing the proceedings at this stage. For the aforesaid reasons, this criminal petition is devoid of merit and it is accordingly dismissed. Respondents may investigate into the crime independently and file final report basing on the evidence collected during the investigation. ______________________ R. SUBHASH REDDY, J 7th December 2011