Telangana High Court
CRLP/2113/2009 of Dasari Ramadasu, Vs The State of A.P., 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. 2113 OF 2009. Between: Dasari Ramadasu … Petitioner V/s. State of AP Represented by its Public Prosecutor High
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESHAT HYDERABAD
THURSDAY THE THIRTYETH DAY OF DECEMBERTWO THOUSAND AND TEN
PRESENT
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2113OF 2009.Between:Dasari Ramadasu … PetitionerV/s.State of APRepresented by its Public ProsecutorHigh Court of AP Hyderabad& Anr. … Respondents Counsel for the Petitioner : Sri A. Jayasankara Reddy Counsel for the Respondents : Addl.Public Prosecutor The Court made the following order : (order follows 2[nd] page)
CRIMINAL PETITION No.2113OF 2009
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O R D E R:
This Criminal Petition is filed under section 482 Cr.P.C.seeking to quash CC.No. 16 of 2000 on the file of the Court ofJudicial Magistrate of First Class, Atmakur and to pass such othersuitable orders as this Court may deems fit and proper in thecircumstances of the case.
2. The main allegation against the petitioner is that he en-cashed a sum of Rs.10,000/- which was intended to be paid to PW-1was received by him through the postman and deposited and en-cashed the same. Subsequently, the same was brought to the noticeof the Investigating Agency and in turn the Investigating agencyregistered a case in Cr.No.17 of 1998 for the offences punishableunder section 420, read with section 416, 467 of IPC of Srisailam II-Town Police Station. After completion of investigation, the police filedcharge sheet, which was duly registered as CC.No.16 of 2000 on thefile of the Court of Judicial Magistrate of First Class, Atmakur.
3. Heard the learned counsel for the petitioner as well as thelearned Additional Public Prosecutor representing the State andperused the records.
4. Admittedly, the charge sheet was filed in year 2000. As canbe seen from the record, very interestingly in the present case, thename of the accused and the defacto complainant/PW-1 is one andthe same, as “Dasari Ramadasu”. It is not in dispute that both of themare working under Srisailam Project. Further the said instrumentdenote the name alone but not the cadre under which the petitioner- accused and PW-1 works. Further it is represented by the learnedcounsel for the petitioner as well as the learned Additional PublicProsecutor that the petitioner has paid the entire amount ofRs.10,000/- along with interest and the same was acknowledged bythe Life Insurance Corporation of India.
5. It is seen from the record that the present commission ofoffence by the petitioner herein is due to mistake of identity and thepetitioner has no criminal intention to en-cash the said amount.Further the said case is pending since 2000. The petitioner is nowaged about 70 years. Hence, this Court has no hesitation to quashCC.No. 16 of 2000 on the file of the Court of Judicial Magistrate ofFirst Class, Atmakur.
6. Accordingly, CC.No.16 of 2000 on the file of the Court ofJudicial Magistrate of First Class, Atmakur, is be and herebyquashed. The Criminal Petition is accordingly allowed.
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JUSTICE RAJA ELANGO
30-12-2010I s L
CRIMINAL PETITION No. 2113 OF 2009
Circulation No. 31Date:30-12-2010Court Master: IsLComputer No.43