Telangana High Court
CRLP/10899/2009 of Kavuru Jagadeeswara Rao, Vs The State of Andhra Pradesh, on 29 December 2009
SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION NO.10899 OF 2009 ORDER: This Criminal petition under Section 482 Cr.P.C. is filed by the petitioner – accused No.1 seeking to quash the charges framed under Sections 307 and 367 IPC in S.C.No.224 of 2008 by order dated 20.07.2009 on the
THE HONOURABLE SRI JUSTICE P. SWAROOP REDDYCRIMINAL PETITION NO.10899 OF 2009
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ORDER:
This Criminal petition under Section 482 Cr.P.C. is filed by thepetitioner – accused No.1 seeking to quash the charges framed underSections 307 and 367 IPC in S.C.No.224 of 2008 by order dated20.07.2009 on the file of the Assistant Sessions Judge, Tanukuagainst the petitioner.
2. Heard both sides.
3. The contention of the learned counsel for the petitioner is thatthere is no material for the offence under Section 307 IPC as theinjuries received by the victim are simple in nature. But a reading ofthe medical certificate reveal that though technically the injuries aresimple in nature, but they are serious as injury No.2 shows that therewas bleeding laceration about 4 cms above the right ear, injury No.3shows that there was bleeding laceration about 5 cms above the leftear, injury No.4 would show that there was bone deep bleedinglacerated injury 5 cms below occipital region on right side, there wasocdema and redness of front neck, there was swelling of face, therewas blood clots in the right ear canal etc. In the circumstances underwhich the offence is committed would also show that probably theaccused had an intention to do away the victim.
4. Considering these circumstances, there are absolutely nogrounds to quash any of the charges framed against the accused andthe petition is liable to be dismissed.
5. The Criminal Petition is accordingly dismissed. However, asthe offence is of the year 2001, the trial Court shall dispose of theSessions Case as expeditiously as possible, in any case, not later than six months from today.
29[th] December 2009
Rns
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P. SWAROOP REDDY, J.