IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV. THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 10413 OF 2029 PRATAPA Between: 1. MADDI SIVAIAH. S/o Kamayya, Aged about 52 years, Kapu Nangegadda Village, Nagayalanka Mandal, Krishna District. (A-2) 2. Padyala Laxmikantharao, S/o Subbarao Vekanuru village, Krishna District. 3. Maddi Mallikarjunarao, S/o Kamayya, Aged about 50 years, Kapu. Nangegadda village, Nagayalanka Mandal, Krishna District. ...PETITIONER/ACCUSED Nos. 2 TO 4 Aged about 53 years, Kapu, (A-3) (A-4) AND 1. THE STATE OF ANDHRA PRADESH High Court of A.P at Amaravati. 2. Maddi Seshaiah, S/o Kamayya. Aged about 53 village, Nagayalanka Mandal. Krishna District. Rap. by Public Prosecutor, years, Nangegadda ...RESPONDENTS/COMPLAINANTS Petition under Section 482 of Cr.P.C, circumstances stated in the Memorandum of Grounds the High Court may be pleased to call C.C.No. 506 of 2019 praying that in the of Criminal Petition. for the records in relating to the on the file of the Judicial First Class Magistrate, same against the Avanigadda, Krishna District and quash the Petitioners/Accused Nos. 2 to 4. LA. NO: 1 np on?? Petition under Section 482 of Cr.P.C , in the Memorandum of Grounds praying that in the Circumstances stated i of Criminal Petition the High Court Olay be pleased to including Appearance of the of 2019, grant stay of all further Petitioners/Accused Nos. proceedings 2 to 4 in C.C.No. 506 on the file of the Judicial Pirst Class Magistrate, Krishna District. Avanigadda This petition coming on for hearing, ' Petition and upon perusing the Memorandum upon hearing the of Grounds of Criminai Sri O Udaya Kumar arguments of and the Pubiic Prosecutor on behalf of the Respondent Advocate for the Respondent Advocate for the Petitioners of High Court of Andhra Kalla Tulasi Durgamba, Pradesh No.1 and No.2. The Court made the following; APHCOI0710722022 IN THE HIGH COURT OF (Spe (Special Original Jurlsdicti [3396] on) THURSDAY, THE SIXTH TWO thousand ANDday of FEBRUARY twenty five present the honourable dr. PRATAPA NQi10413l2022 Between; NANGEGaSjT' VILLA^''^'^II^' ^BOUr 52 YEARS KAP district. VILUGE, NAGAYAUNKA MANDAf^i^n,^'^^' 1.THE STATE OF /.Mnu -PETITIONER/ACCUSEDCS) Counsel for the Petitioner/accused(S)f^®'’°'^°^''™°“PLAINANT(S) : 10 UDAYA KUMAR Counsel for the Respondenf/compiainant(S): 1-PUBLIC PROSECUTOR (AP) 2-KALLA TUUSI DURGAMBA The Court made the following; : i ■ : 2 ORDER: The instant petition under Section 482 of Code of Criminal Procedure 1973 has been filed by the Petitioners/Accused Nos.2 to 4, seeking quashment of proceedings against them in C.C.No.506 of 2019 on the file of the Court of Judicial First Class Magistrate, Avanigadda, Krishna District for the offences under Sections 326 and 506 read with 34 of the Indian Penal Code, 1973^. 2. Heard Sri O.Udaya Kumar, learned counsel for the Petitioners, Ms.K.Tulasi Durgamba, learned counsel for Respondent No.2 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State/Respondent No.1. Learned counsel for the Petitioners would submit that, after thorough investigation, having concluded that there is no tangible evidence to prove the guilt of the Petitioners/Accused Nos.2 to 4 in this case, the Police deleted their 3. names and also Section 34 I PC and altered Section of Law from 324 and 506 IPC to 326 and 506 IPC. However, the learned Magistrate has erroneously taken cognizance for the offences under Sections 326 and 506 read with 34 IPC against the Petitioners also, without assigning any reasons. Learned counsel would further submit that there are no ingredients to constitute the offences alleged against the Petitioners. Therefore, continuation of proceedings against the Petitioners is an abuse of process of law and prayed for quashment of the same. ^ for short‘Cr.P.C’ 3 Per contra, learned counsel for Respondent No.2 would submit that the learned Magistrate has rightly taken cognizance of the offences against the Petitioners as there are specific allegations against them. Learned counsel would further submit that there are no grounds to quash the proceedings against the Petitioners at this stage. Hence, prayed for dismissal of the petition. 4. Learned Assistant Public Prosecutor supported the version of learned 5. counsel for Respondent No.2. A bare perusal of Section 482 makes it clear that the Code envisages that inherent powers of the High Court are not limited or affected so as to make orders as may be necessary: (i) to give effect to any order under the Code or, (ii) to prevent abuse of the process of any Court or, otherwise (iii) to secure ends of justice. A court while sitting in Section 482 jurisdiction is not functioning as a court of appeal or a court of revision. It must exercise its powers to do real and substantial justice, depending on the facts and circumstances of the case. These powers must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurisprudence. In the case on hand, the contents of the charge sheet would disclose that, the father of Respondent No.2 had given the land of an extent of Ac.1.30 cents to Petitioner/Accused No.3 on lease and Respondent No.2 had purchased Ac.2.00 cents of land near the land of his father. Water is coming to the field of Respondent No.2 from the irrigation canal situated in the land of 6. 7. 4 his father. Petitioner/A said canal. In vi while Respondent No.2 him, uttered shoulder and right knee caused No.3 and his son i.e., Accused No.1 closed on 17.11.2019 at about was at the Wine Shop, Accused the view of the said dispute 12.30 noon No.1 came behind some words, picked up a wooden plank and beat on his left and caused injuries and also threatened him on the complaint jiodged by Respondent With dire consequences. Based i in Crime No. 174 of 2019 34 IRC Of Nagayalanka Accused Nos.1 to 4. No.2, a case for the offences under Sections 324 and 506 read • p . Police Station has been Police after investigation registered against based on the statements - found that there is no tangible Petitioners/Accused Nos.2 to 4. deleted their and filed charge sheet of the eye witnesses and the CCTV footage evidence to prove the guilt of the names and Sec.34 IPC altering the Section against Accused No.1 by and 506 IPC. cognizance of the offences of Law from 324 and 506 IPC to 326 However, the learned Magistrate has taken under Sections 326 and 506 read with 34 IPC As seen from the contents against Accused Nos.1 to 4. of the charge sheet, there 8. are no allegations in the commission of the 'S "°™terial to show that the Petitioners against the Petitioners/Accused Offences. There i Nos.2 to 4 i alleged are responsible for the alleged offences. The learned Magistrate has simply taken cognizance of assigning any reasons. the alleged offences There is against the Petitioners without no material to continue the Accused Nos.2 to 4. Unless proceedings against the Petitioners/ there is specific allegation ' material of definite under trial. In that view nature, it would be hazardousjpj^ the Petitioners 5 of the matter, this Court is of the opinion that, it is a fit case to quash the proceedings against the Petitioners/Accused Nos.2 to 4 by exercising the jurisdiction of this Court under Section 482 Cr.P.C. 9. Accordingly, the Criminal Petition is allowed quashing the proceedings •_ - ■ . - .'a ' against the Petitioners/Accused Nos.2 to 4 in C.C.No.506 of 2019 on the file of the Court of Judicial First Class Magistrate, Avanigadda, Krishna District for the offences under Sections 326 and 506 read with 34 I PC. Pending applications, if any, shall stand closed. SD/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To i * 1. The Judicial First Class Magistrate, Avanigadda, Krishna District. 2. One CC to Sri O UDAYA KUMAR, Advocate [OPUC] 3. One CC to M/s Kalla Tulasi Durgamba, Advocate [OPUC] 4. One Two CC’s to the Public Prosecutor of High Court of Andhra Pradesh [OUT] 5. Three CD Copies GPC PRK high court DATED: 06/02/2025 ORDER CRLP.No.10413 of 2022 * n JUt. 2B25 ® ^ Current Section ^ X&»esp*Tc«« % allowing this crlp