Criminal Petition No. 2671 of 2010 · Andhra Pradesh High Court
Case at a glance
Outcome
Dismissed
Petitions are dismissed
Provisions considered
- Indian Penal Code, 1860 ss. 307, 406, 420
- Code of Criminal Procedure, 1973 s. 482
Judgment
These petitions are filed on behalf of A3 and A4 in Crime Nos. 5 & 7 of 2006 on the file of Chirala II Town Police Station, Prakasam District. Criminal Petition No. 2671 of 2010 is filed to quash the proceedings initiated offence punishable under Section 307 IPC and Criminal Petition No. 2871 of 2010 is filed to quash the proceedings initiated for the offence punishable under Sections 406 and 420 IPC. As the facts in both the cases are one and the same, they are being disposed of by this common order. According to the allegations, the learned counsel appearing for the petitioners alleged that the petitioners are innocent and these petitioners are nothing to do with the alleged business conducted by A1 and A2 and the facts mentioned against these petitioners are false and created one for the purpose of this case and even if the allegations made against the petitioners are accepted also, no case is made out against them and hence, sought quashing of the proceedings even at the stage of admission. As seen from the charge sheet averments, along with these petitioners two other petitioners A1 and A2 were charged for the offence under Sections 406 and 420 IPC. A1 and A2 are the residents of Tamilnadu and they are habitual offenders. A3 and A4 are practicing as advocates in Chirala Courts. A1 and A2 are the residents of Chennai came to Chirala and opened a shop at Kothapeta Chirala the name and style of Sreevari Enterprises in the complex of PW-3. They gave wide publicity in the town by distributing the pamphlets the public and also given advertisements in the daily news papers and also made announcement stating that they will give articles at half rate after 15 days of their booking. Believing the same, several innocent public approached the accused A1 and A2 at their shop, wherein the accused A3 and A4 were also present. Having collected huge amounts from the public, accused 1 and 2 fled away from Chirala on 23.1.2006 and thereby they committed criminal breach of trust and cheating. Petitioners also colluded with the accused A1 and A2 and taking advantage of their popularity A3 and A4 used to sit in the shop and they have also induced several innocent public by making several promises that they are the guarantors of their cash. PW-1 is one among the persons, who invested money with the said company. On
Operative part
20.01.2006 when PW-1 went to the shop of the accused and asked them to give colour TV to him by showing the receipt issued by the accused. They informed him that the T.Vs have not come. On that PW-1 informed them that he would stay in their shop only till he receives TV. Then the accused requested PW-1 to take his money along with some money since they did not receive T.Vs, for which PW-1 bluntly refused. On that the accused grew wild and at about 8 P.M surrounded PW-1 and A2 instructed his staff to take PW-1 inside the shop and to kill PW-1 and to keep the body in a gunny bag to send the same to Chennai in transport. Then the accused took PW-1 inside the shop forcibly and beat him with hands and legs indiscriminately. A3 and A4 who were present there instigated the remaining accused to kill PW-1. A2 caught hold of the neck of PW- 1 pressed the same by saying that if PW-1 went outside, their conduct will be known to the public. The specific overt-acts made out against the petitioners about the involvement for the commission of offence along with some others. PW-1 entrusted an amount of Rs. 5,000/- to the accused as promised by them and petitioners were also present in the alleged shop. The investigation makes out a prima facie case against these petitioners. Therefore, any finding on the truth or otherwise of the contentions raised by the petitioners cannot be decided now unless full-fledged trial is taken up. Therefore, it is premature to give any finding while exceeding powers under Section 482 Cr.P.C. Hence, absolutely I see no merits in these petitions and accordingly, these Criminal Petitions are dismissed. K.S. APPARAO, J ________________________ DATE: 24.08.2012 KA
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petitions are dismissed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 307, 406, 420; Code of Criminal Procedure, 1973 — s. 482.
Which court decided this case, and when?
Andhra Pradesh High Court, on 24 Aug 2012. The bench was K S APPARAO.
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.