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2019 DIGILAW 254 (AP)

Kodavaluru Damodhar Reddy Bhaktavastala Reddy v. State of A. P.

2019-09-25

U.DURGA PRASAD RAO

body2019
ORDER : U. Durga Prasad Rao, J. 1. In this Criminal Petition, filed under Section 482 of Cr.P.C., the Petitioner/Accused No. 14 seeks to quash the proceedings against him in C.C. No. 85 of 2018, pending on the file of learned Judicial Magistrate of First Class, Kota, SPSR Nellore district (for short, 'the trial Court'), which was taken cognizance for the offences under Sections 143, 147, 148, 447, 324 and 326 r/w. 149 of IPC. 2. The brief facts of the case are that there are disputes between two groups in holding the management of NBKR Engineering College, Vidyanagar, Kota mandal, Nellore district. One group is led by Nedurumalli Padmanabha Reddy, who is the former correspondent, and another group is led by Nedurumalli Ram Kumar Reddy, who is the present correspondent. L.Ws. 1 to 5 are the followers of Padmanabha Reddy, whereas Accused Nos. 1 to 9, 11 and 13 are the followers of Ram Kumar Reddy. As per the version of L.Ws. 1 to 6, the present college management has been harassing them by not implementing the PRC 2014 and keeping the parking place at main gate, which is at a distance of half kilometre from the workplace of L.Ws. 1 to 5. On 05.01.2018, when L.Ws. 1 to 5 were proceeding to their houses A-1 to A-9, A-11 and A-13 trespassed into the college premises by pushing aside the security staff, formed into an unlawful assembly, armed with deadly weapons like iron rods, sticks and attacked L.Ws. 1 to 5 and they were shifted to Government hospital, Kota for treatment. On the statement of L.W. 1, the Crime No. 6 of 2018 was registered and investigated into. After completion of investigation, the Investigation Officer filed charge sheet against Accused Nos. 1, 2, 4 to 9, 11 and 13, while omitting Accused Nos. 10, 12 and 14 observing that no prima-facie case was established against them. However, learned Magistrate took cognizance of the offences against Accused Nos. 1 to 14 and issued summonses to them. Hence, the instant petition by accused No. 14. 3. Heard learned counsel for the petitioner, learned Additional Public Prosecutor, appearing for the 1st respondent-State, and perused the record. 4. However, learned Magistrate took cognizance of the offences against Accused Nos. 1 to 14 and issued summonses to them. Hence, the instant petition by accused No. 14. 3. Heard learned counsel for the petitioner, learned Additional Public Prosecutor, appearing for the 1st respondent-State, and perused the record. 4. Learned counsel for the petitioner would submit that none of the witnesses have spoken against the presence or participation of the Petitioner/A-14 and therefore the Investigating Officer has rightly deleted the names of Petitioner/A-14 as well as other accused i.e., Accused Nos. 10 and 12. However, learned Magistrate took cognizance against all the accused including the petitioner herein. Hence, the criminal proceedings in C.C. No. 85 of 2018 may be quashed against him. 5. A perusal of the record shows that L.W. 2 - Rayapu Audeiah, L.W. 3 - Ummadi Pradeep, L.W. 4 - Vendluru Dinesh Manoj Kumar and L.W. 5 - Karavali Penchalaiah in their 161 Cr.P.C. statements clearly stated that the Petitioner/A-14 along with Accused No. 10 and 12 and one Sanna Reddy did not participate in the attack made on them by the accused and at that time they were attending a meeting in the college. In view of their statements, the Investigating Officer has rightly deleted certain names of the accused including the petitioner herein, but the learned Magistrate has not properly perused the record and mechanically took cognizance against all the accused including the Petitioner/A-14. Therefore, continuation of the criminal proceedings against the Petitioner/A-14 would amount to abuse of process of the Court. 6. Hence, the Criminal Petition is allowed quashing the proceedings against the Petitioner/Accused No. 14 in C.C. No. 85 of 2018, pending on the file learned Judicial Magistrate of First Class, Kota, SPSR Nellore district. Accordingly, he is acquitted of the charges framed against him. 7. As a sequel, miscellaneous petitions pending, if any, in this case shall stand closed.