Telangana High Court
CRLP/13956/2011 of Kamble Utham, Vs The State of Andhra Pradesh, on 29 December 2011
SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION No.13956 OF 2011 ORDER:- This petition is filed to quash the proceedings in P.R.C.No.28 of 2011 on the file of the Judicial Magistrate of I Class, Utnoor. The police after investigation have filed charge sheet against ten accused under
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Conclusion
THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO
CRIMINAL PETITION No.13956 OF 2011
ORDER:-
This petition is filed to quash the proceedings in P.R.C.No.28 of2011 on the file of the Judicial Magistrate of I Class, Utnoor.
The police after investigation have filed charge sheet againstten accused under Sections 148, 324, 354, 506 read with 149 of theIndian Penal Code (for short, ‘IPC'’) as there is said to be someoutraging modesty of LW.2. The statements of the witnesses havebeen recorded and their statements prima facie shows the offences aresaid to have been committed by the petitioner.
The contention of the learned counsel for the petitioners thatthere was a counter case and it is only an attempt to causeinconvenience to the petitioners and an abuse of process of lawcannot be considered at this stage since the prima facie statement ofthe victim attracting the offence under Section 354 IPC is available onrecord. Therefore, it is not a case for quashing of the proceedings. But, however, the petitioners are at liberty to make their submissions atthe time of framing of the charge after the case is committed to theCourt of Sessions.
Accordingly, the Criminal Petition is disposed of.
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JUSTICE N.R.L. NAGESWARA RAODate: 29-12-2011INL/MR