Telangana High Court
CRLP/2129/2009 of Kasangottu Satyanarayana Vs Chilkuri Srinivas on 30 December 2010
COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE THIRTYETH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2129 OF 2009. Between: Kasanagottu Satyanarayana & 10-Ors. … Petitioners V/s. Chilukuri Srinivas & Anr.
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESHAT HYDERABAD
THURSDAY THE THIRTYETH DAY OF DECEMBERTWO THOUSAND AND TEN
PRESENT
THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL PETITION No.2129OF 2009.Between:Kasanagottu Satyanarayana& 10-Ors. … PetitionersV/s.Chilukuri Srinivas & Anr. … RespondentsCounsel for the Petitioners : Sri C.Praveen KumarCounsel for the Respondents : Addl.Public ProsecutorThe Court made the following order : (order follows 2[nd] page)
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2129OF 2009
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O R D E R:
This Criminal Petition is filed under section 482 Cr.P.C.seeking to quash the proceedings in CC.No.1311 of 2009 on the fileof the Court of Special Judicial Magistrate of Second Class,Karimnagar.
2. The allegation as per the complaint is that the petitionersassaulted and caused injuries and used filthy language. On acomplaint lodged by the defacto complainant, the police refused toinvestigate and register the case. Hence, the defacto complainantfiled complaint before the concerned Magistrate and the same wastaken on file.
3. The learned Magistrate after recording the sworn statement,which reads as hereunder:
“That on 25-02-2009 at 11:00 a.m. at Prakasham Gunj,Karimngar all the accused abused me in filthylanguage and also beat me with hands as to whycontinuing the construction work. At that time, LW-1and LW-2 rescued me from the hands of accused,thereafter, I went to P.S.Karimnagar-I Town andreported the matter but the police did not take actionso that I approached this Hon’ble court and prayed thecourt to punish the accused as per law” .
4. On a reading of the complaint and sworn statement, thisCourt is of the view that the said complaint and sworn statement doesnot disclose any specific overt act of any one of the accused in thepresent complaint. All the allegations are basic in nature and also thedefacto complainant has not stated what is the injury sustained byhim, neither in the complaint nor in the sworn statement and the language used by the accused is not mentioned.
5. Hence, this Court is of the view that the present complaintdoes not disclose any offence as alleged. Hence, CC.No.1311 of2009 on the file of the Court of Special Judicial Magistrate of SecondClass, Karimnagar is be and hereby quashed.
6. The Criminal Petition is accordingly allowed.
______________________
JUSTICE RAJA ELANGO
30-12-2010I s L
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No. 212 9 OF 2009
Circulation No. 32Date:30-12-2010Court Master: IsLComputer No.43