✦ High Court of India · 09 Jan 2025

The High Court · 2025

Case Details High Court of India · 09 Jan 2025
Court
High Court of India
Decided
09 Jan 2025
Length
1,777 words

1. The State of Telangana, Rep. by the Public Prosecutor High Court of Telangana, Hyderabad

2.VadlakondaJangaiah,S/oMallaiah,Ag-ed,24.Years,Oc!Agriculture,R/o. - Yerraram Villagel Gundlapalli Mandal' Dindi, Nalgonda District ...ResPondents Petition under section 482 of cr.P.c. praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleasedtoquashCrimeNo.l02ot2023dated28.0g-2023onthefileofDindi Police Station, Nalgonda District- l.A. NO: 2 OF 2023 Petition under section 482 of cr.p.c. praying that in the circumstances stated in the.Memorerrrdum of Grounds of criminal petition, the High court may be pleased to grant stay ,rf all further proceedings including arrest of the petitioners in connection with crirne No 102 of 2023 dated 28-09-2023 on the file of Dindi police Station, Nalgonda Disitrict pending disposal of the main crrminal petilion. l.A. NO: 5 OF 2023 Between: Yl9]:1"_tQg,,J"ngaiah. S/o A/lailaiah, Ag5:d24 years, Occ. Asrir:urture, R/o. yerraram vruag(:, Gundlapalli lt4andal, Dindi, Nalgonda Distiict ...petitioner / 2,,d Respondent Yerraram Vittage Gundlapalli Mandal, yer"raram, ilatgonda OistilCi- AND 1. chimarla [r/]as;ccm. S/o. c. Eddaiah. Aged 36 vears. occ. Govt Emproyee, -'"" R/o. Yerrararr t/,llage. Gundlapalti [r/andil. yerra'rim, Nalgondr Distr;;[ 2. chimarla chinna rddaiah, s/o c sairu, Aged 63 years, occ A3ricurture, R/o. -- "' '" 3. N Krishnaiah S/o Ramuru Aged 37 years, occ. Agricurture, R/o. yerraram 4. J- Jangaiah, S,/o Ramulu, Aged 5.1 years, Occ. Agriculture, R/o H.No. 1_g112, 5. S Jangaiah S,/o C. pedda..lddaiah, Aged 33 years, Occ. Ag;riculture, R/o. -i;rr;;:;;, 'irl;;d";A: Village, Gundlapalli lVlandal, y6rraram,'Nalgonda District Yerraram Village Dindi project. Nallonda District" H.No 2-20l1 yerraram Vilage, Gundiaprrri- rVrinoZr, District ViIla ge. Gu nd tir pa II i t\4a"ndat yeiraiam- ili lg-onJa bi.tri"t

6. B.Venkataiah, S/: Jangaiah, Aged 32 years, Occ. Agriculture. l/o. yerraram 7 J. I\rlallamma, t)/o. J.Ramulu, W/o Krishnaiah, Aged 35 years, Occ. Agriculture, R/r. Kondabhimana paile, post rJirrlrim, "x""ororr"'"r"rirpZiiv, Nalgonda

8. J.Anil Kumar. {i/c J .Jangaiah, 1-B112,Yenarcn r Viilage, Gundta"paili lOeg 7l years, Occ. pvt Employtre, R/o. H.No. N;'fg";,j; ottriti ''- ...Respondents / petitioners ^/dndai'VLiraram, I J$^^Sj1t-.^"1 l:lllqrry Rep. by rhe pubtic prosecutor High Courr of I elangana, Hy'lerabad ...Respondent / Respondent Petition under sr-'ction 482 of cr.p.c. praying that in the c rcumstances stated in the lVlemorarrcrum of Giounds of criminar petition, the High ()ourt may be pleased to vacate tht_. lplur;, Order passed in Crl.p.No. 9g39r,2023, dated

10.10.2023 and to dismiss the criminal Petition as the same is devoid of merits and substance, in the interest of justice. l.AlNO: 1 OF 2024 Petition under section 482 of cr.P.c. praying that in the circumstances stated ih the Memorandum of Grounds of criminal Petition, the High court may be pleased to extend the interim stay granted in cr1.P.No.983912023 dt.22-12-2023. CRIMINAL PETITIO N NO: 10752 OF 2023 Between: l.ChimartaChinnalddaiah,s/oC.sailu,Aged63years,occ.Agriculture'R/o. V;;;;;; vitLage, cunotapalli Mandal, Yerlaram, Nalgonda District

2. Chimarla Masoom, S/o. C. Eddaiah, Aged 36 years, Occ Govt Employee' - nio. i"rirr* Villa'ge, Gundlapalli Mandal' Yerraiam, Nalgonda District 3. Chimarla Naresh, S/o C. Eddaial, Aged 30 years, Occ Agriculture'.R/o-. H No' 2-2O, Y erraram Village, Gundlapalli [Iandal, Yerraram, Nalgonda urstrrct 4. Chimarla Aniali, Wo Chimarla [Vlasoom, Asgdr f9 yq'l9r O99--Aqliq!lly1"^ Rlo- H.No. 2-20, Yerraram Village, Gundlapalli tvlandal, Yerraram' Nalgonoa District '1 . The State of Telangana, Rep- by the public Prosecutor High Court of Telangana, Hyderabad AND ...Petitioners / Accused No 1 to 4

2. Thotapally Kalamma, Wo Yallaiah, AggQ. {.0 Je.ars, Occ - verriiam'viilage, Gundlapalli Mandal; Dindi, Nalgonda District . Agriculture' R/o Petition under section 482 of cr.P.c. praying that in the circumstances statedintheMemorandumofGroundsofCriminalPetition,theHighCourtmaybe pleasedtoquashCrimeNo'106of2023dated01-10-2023on.thefileofDindi Police Station, Nalgonda District. ...ResPondents l.A. NO: 2 OF 202ii Petition uncer Section 482 of Cr.p.C. praying that rn the, circumstances stated in the Memorrrrdum of Grounds of criminal petition, the High court may be pleased to grant stav of all further proceedings including arrest of the petitioners rn connection with crine: No 106 of 2023 dated 01-10-2023 on the fil€, of Dindi police Station, Nalgonda District pending disposal of the main crinrinal petil.ion. l.A. NO: 3 OF 2023 Petition under section 482 of cr.p.c. praying that in the circumstances stated in the Memorandum of Grounds of criminal petition. the Higr court may be pleased to extend the interim stay granted in I.A.No 2t2023 in crl.p.No.10752 of 2023 dated 01 I 1 1 l2XiL:). These Petiticns comrng on for hearing, upon perusing the rVremorandum of Grounds of Crrminal l)etitions and upon hearing the arguments of Sri S Viplav simha Reddy, Adv,r.zrte for the petitioners (in Both the petitions and sri Arun Kumar Dodla, Additionar pubric prosecutor on beharf of the Respcndent No..r (in Both the Peititons) arrr of Sri Venu Gopal pambala, Advocate for t[ e Respondent ' No.2 (in Crl.P.No.9839 o,t 2023). The Court made the following Common Order : /-; i I I I I I THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION Nos.9839 and 10752 of2023 coMMON ORDER: Heard Sri S. Viplav Simha Reddy, learned counsel for the petitioners as well as Sri Venu Gopal Pambala, learned counsel for the respondent No.2 and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent No. l-State

2. Since the issue involved in these Criminal Petitions is one arid the same, these Criminal Petitions are dismissed by way of this Common order.

3.C rl.P.No.9839 of 20123: This Criminal Petition is frled by the petitioners-accused Nos.l to 8 to quash the proceedings against them in Crime No.1O2 of 2023 of Dindi Police Station, Nalgonda District for the offences punishable under Sections 3O7, 341, 5O4, 506 read with 34 of IPC. l.P.No.1O752 ol 2ol232 This Criminal Petition is ltled by 4. Cr the petitioners-accused Nos.l to 4 to quash the proceedings against them in Crime No. 1O6 of 2023 of Dindi Police Station, Nalgonda District for the offences punishable under Sections 452' 324,5o4,506 read with 34 of IPC. 2

5. The brir:l' facts of the case are that on 2T.O9.2O2 J at about 19.00 hours rvhilelord Ganesh Idol procession was going on, the accused perrJ( rrs by keeping previous grudges in mind ,rit-h an ill intention, to i:il1 the defacto-complainant and others, sl opped the procession anc attacked the respondent and others w:th sticks, stones and rods. Due to which the respondent and olhers have sustained br eeding injuries, immediately, they were shifted to hospital for tr.zrtment. Aggrieved by the same, the petiti,rners frled the presen t crirtinal peritions.

6. Learne,l ,)ounsel for the petitioners would submi that the petitionersar(: innocent and challenges the valicli! . of the complaint, cit.ing baseiess and fabricated allegatior s. The complainant a_nd their persons who assaulted the petitioners backbone is rroken and had undergone surgery of grievous manner, have received stitches on their hand. The medical certificates al,r:r,, with the photographs are filed herewith. The said attack of corrLpl,einant along with their mob of person or accused was brutal. !'herefore, he prayed the Court to qr Lash the proceedings aga nst the petitioners. 7 . On the ,r ther hand, learned Additional public p.rosecutor opposed the sr-rbmissions made by the learned counse.r for the petitioners stating that the allegations levelled aga.nst the 3 petitioners are serious in nature, which requires trial' Therefore' at this stage, quashing of proceedings does not arise ' Hence, he prayed the Court to dismiss the criminal petitions' Learned counsel for the respondent No.2-would submit that

8. the police have registered the case in Crime Nos' 1O2 and 106 of 2023 and, the matter is stillat tlre stage of investigation' Further, the Investigation officer has to conduct the investigation and file the charge sheet. Hence, he prayed the Court to dismiss these criminal petitions. g. In view of the submissions made by both the parties, quarrel took place between the two groups at the time of taking procession of Ganesh Idol. As seen from the complaint, these petitioners stopped the vehicle and attacked ottrer group and they sustained injuries. The contention of the petitioners is that A2, A4 and A7 sustained severe injuries in the hands of complainant group' These facts shows that there are rival contentions by both the partiesand case and counter cases have hled before the police station, Nalgonda District and the same is at the stage of investigation. Wheneveraccused comes before the Court invoking either tlre inherent powers under Section 482 Cr'P'C to get FIR or criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with f f t-i , , 4 considered. In the the ulterior mctive for wrecking vengeance. In such circr.mstances, the Court o,ffirs a duty to look in to the FIR w-ith care and little more closeh/, overall circumstances of the case harve to be present case, both the groups sustained injuries. Therefore, it requires investigation to eiicit that who is the abettor and alst to hnd out the real facts in the case. Hence, these petitions are liable to be dismissed. 1O. AccordinSdy, these Criminal petitions are <tismissed. Miscellaneous applications, if any pending, sh a1l stand closed. To //TRUE COPY// L. LAKSHMI BABU ASSISTANT REGISTRAR I \: ,.i' CIION OFFICER 1 2 a

5. Cl The Additiona JLrdicial First Class Magistrate Devarakonda The Station Hous e Officer, Dindi pS, Nalgonda District Iff":rtt*"r8i]i'ublic Prosecutor, High court for the state of rr,rtansana, One CC to Sn S \/iptav Simha Reddy, Advocate [OPUC] One CC to Veru (lopal pambala, Advocate tOpUCl Two CD Copie:; Vtugh HIGH COURT DATED:0910112025 COMMON ORDER CRLP.Nos.9839 & 10tSZ ot 2023 ,-tE S Ia ,Gr 1 ( c (j I 1 APB flM ( i I o€ spATcHs0 a DISMISSING BOTH THE CRLps b I6 a

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