Extracted from the PDF above. The PDF is authoritative.
APHC010644822022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9467/2022 Between:
1. P.GANGA BHAVANI, D/O P. KRISHHNAIAH, AGED 28 YEARS, WORKING AS SUB-INSPECTOR OF POLICE, RIO D.NO.2-25,NEAR RAJESWARI COMPLEX, P. GANNAVARAM,DR. B.R. AMBEDKAR KONASEEMA DISTRICT
...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P. AMARAVATHI GUNTUR, THROUGH THE SHO, A.S.
NAGAR POLICE STATION, VIJAYAWADA CITY.
...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. KHADER VALI SHAIK Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR (AP) The Court made the following:
ORDER:
The instant Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the Petitioner/Accused, to quash the proceedings against him in Crime No.332 of 2021 of A.S.Nagar Police Station, Vijayawada City, for the offence punishable under Section 309 of the Indian Penal Code, 1860.
2. Heard Sri Shaik Khadar Vali, learned counsel for the Petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor for Respondent/State.
2
3.
Learned counsel for the Petitioner would submit that because of some differences, this false case is lodged against the Petitioner. Learned counsel would further submit that the enquiry made in the department also would reveal that nothing has happened alleged in the complaint. It is further submitted that the Wound Certificate of the Petitioner, which is filed in this matter also would show “all blood reports are normal and no evidence of poison intake”. Learned counsel would further submit that, continuation of criminal proceedings against the Petitioner is mere abuse of process of law.
4. Learned Assistant Public Prosecutor would submit that, in the light of the Wound Certificate placed on record, Court may pass appropriate orders.
5. Considering the submissions made, as can be seen from the complaint, it is alleged that the Petitioner has consumed nail polish remover. It is also not in dispute that the Wound Certificate shows that the blood reports of the Petitioner are normal and no evidence of poison intake in her stomach. In that view, it can be said that, no case is made out against the Petitioner to attract the offence under Section 309 IPC. Therefore, it is a fit for quashment of the proceedings against the Petitioner.
6. In the result, the Criminal Petition is allowed quashing the proceedings against the Petitioner/Accused in Crime No.332 of 2021 of A.S.Nagar Police Station, Vijayawada City, for the offence punishable under Section 309 IPC. Pending applications, if any, shall stand closed.
_________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:29.01.2025 Dinesh
3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.9467 of 2022
Dt.29.01.2025
Dinesh