Telangana High Court

CRLP/13978/2011 of Chandrapangu Nageshwar Rao Vs The State of A.P., on 29 December 2011

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SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION No.13978 OF 2011 ORDER:- This petition is filed to quash the proceedings in Calendar Case No.176 of 2010 on the file of the Judicial Magistrate of I Class, Kodad, Nalgonda District. The petitioner is the 2nd accused and the charge sheet has

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THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO

CRIMINAL PETITION No.13978 OF 2011

ORDER:-

This petition is filed to quash the proceedings in Calendar CaseNo.176 of 2010 on the file of the Judicial Magistrate of I Class, Kodad,Nalgonda District.

The petitioner is the 2[nd] accused and the charge sheet hasbeen filed for the offences under Sections 447 and 427 of the IndianPenal Code (for short, 'IPC') on a complaint of the Tahsildar that thepetitioner being the driver of J.C.B. trespassed into the public propertyand damaged the same in collusion with the 1[st] accused.

The learned counsel for the petitioner contends that he has nocriminal intention to damage the public property or to commit anoffence. His contention can only be decided after taking evidence onthe side of the prosecution. The fact remains that the petitioner beingthe driver of the J.C.B., is said to have entered into the property and didsome acts. Therefore, in view of the above circumstances, it is not acase, where the proceedings are to be quashed. But, however, thelower Court is directed to dispose of the case within three months.

Accordingly, the Criminal Petition is disposed of.

Date: 29-12-2011INL/MR

___________________________

JUSTICE N.R.L. NAGESWARA RAO

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