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2020 DIGILAW 780 (TS)

Kotamarthi Suresh v. State Of Telangana

2020-11-16

K.LAKSHMAN

body2020
JUDGMENT K. Lakshman, J. - This petition is filed under Section 482 Cr.P.C to quash the proceedings in C.C.No.784 of 2014 on the file of Judicial First Class Magistrate, Ramannapet, Nalgonda District. 2. Heard Sri Ramesh Chilla, learned counsel for the petitioner and learned Public Prosecutor. Perused the record. 3. The petitioner herein is Accused No.17 in CC.No.784 of 2014. The offences alleged against the petitioner herein are under Sections 147, 148, 324, 324, 506- II r/w149 IPC. In all, there are 21 accused. On perusal of the said charge sheet, there are no specific overt acts against the petitioner/A-17. All the allegations are general in nature, and against all the accused. 4. The defacto complainant and injured (L.W2 to L.W10) have filed the affidavits stating the entire dispute arose out of Grampanchayat elections in which A-1's wife and L.W.7's wife contested in the said elections. There were disputes with regard to the said elections. It is also further stated in the said affidavits that petitioner/A-17 has not participated in the alleged incident. The said complaint was lodged in spur of moment in the elections period. It is also stated that A-17 was a minor and studying at that time. With the said contentions, the defacto complainant and L.W's 2 to 10/injured have stated that they don't have objection in quashing the proceedings in C.C.No.784 of 2014 against the petitioner/A-17. 5. Learned counsel for the petitioner would submit that petitioner is a minor as on the date of alleged incident and in proof of the same, copy of SCC marks memo is filed. He would further submit that petitioner is selected for the post of Constable and because of pendency of present proceedings, his appointment was cancelled by the Telangana State Level Recruitment Board vide order dated 28.08.2020. In view of the same, he sought quashment of present proceedings against the petitioenr/A-17. 6. As state above, there are no specific overt acts against the petitioner/A-17. All the allegations are general in nature against all the accused. Admittedly, petitioner is minor as on the date of alleged incident. The defacto complainant as well as injured/listed witnesses (L.W2 to L.W10) have filed their affidavits stating that petitioner/A-17 was not there in the alleged incident and they have lodged complaint on the spur of the moment. All the allegations are general in nature against all the accused. Admittedly, petitioner is minor as on the date of alleged incident. The defacto complainant as well as injured/listed witnesses (L.W2 to L.W10) have filed their affidavits stating that petitioner/A-17 was not there in the alleged incident and they have lodged complaint on the spur of the moment. There is no dispute that the petitioner is selected for the post of Constable and the same was cancelled by the Police Recruitment Board on the ground that petitioner is involved in the present case. 7. Considering the said aspects, this Court is inclined to quash the proceedings in C.C.No.784 of 2014 pending on the file of the Judicial First Class Magistrate, Ramannapet, Nalgonda District. 8. Accordingly, this Criminal Petition is allowed. The proceedings in C.C.No.784 of 2014 against the petitioner/A-17 are quashed. Miscellaneous petitions pending, if any, shall stand disposed of.