Dismissed

Gurram Sudhakar Naidu v. the State of Andhra Pradesh

Andhra Pradesh HC14 Jun 2022CRLP/2419/2022

Case brief

AI extract

What is this about?

The Court rejected a petition under Section 482 Cr.P.C. seeking quashing of the charge-sheet. Since charges were framed and the trial was posted, the plea regarding non-maintenance of prosecution case must be raised and decided during the trial.

What did the court decide?

Petition dismissed; petitioner directed to raise pleas of no case made out during the trial.

Gurram Sudhakar Naidu Vs the State of… — Criminal Trial and Appeal | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Criminal Petition No.2419 of 2022

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ORDER:

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This Criminal Petition under Section 482 Cr.P.C. is filed seeking quash of charge-sheet against the petitioner in Sessions Case No.421 of 2016 on the file of the VI Additional District and Sessions Judge, Anantapuramu District at Gooty.

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the 1^st respondent State and Sri N.Ranga Reddy, learned counsel for the 2^nd respondent- de facto complainant.

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The petitioner is A-6 in Crime No.31 of 2015 of Peddavaduguru Police Station, Anantapuramu District. A case under Sections 147, 148, 324, 307, 302 r/w.149 of IPC and Section 120-B of IPC was registered against him along with other accused in the above crime. After completion of investigation, eventually, charge-sheet was filed by the Investigating Officer against the petitioner and other accused for the aforesaid offences. The committal Court has taken cognizance of the said case and after complying with the legal formalities has committed the said case to the Sessions Division for trial and the said case is now pending before the Sessions Court for trial. Now, it is the grievance of the petitioner that no case is made out against him for the offences punishable under Sections 147, 148, 149 and 120-B of IPC. Therefore, he has

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CMR, J. Crl.P.No.2419 of 2022

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filed the present Criminal Petition seeking quash of the chargesheet against him for the said offences.

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As per the submissions made by the learned Additional Public Prosecutor for the 1^st respondent State and also Sri N. Ranga Reddy, learned counsel for the 2^nd respondent – de facto complainant, charges have already been framed in the trial Court in the said case and the matter stood posted for trial on 15.06.2022 i.e. tomorrow.

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The petitioner did not submit that no case is made out against him for the offences punishable under Sections 147, 148, 149 and 120-B of IPC at the time of hearing the case by the trial Court before framing charges. However, the present Criminal Petition is filed for quash relating to the said offences.

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Since the charges have already been framed in the trial Court and as the matter stood posted to tomorrow for trial, at this stage, this Court is not inclined to quash the charge-sheet against the petitioner-A6 relating to the said offences.

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Learned counsel for the petitioner has relied on several judgments of the Apex Court in support of his contention stating that no case is made out from the facts of the case for the offences punishable under Sections 147, 148, 149, 120-B of IPC against the petitioner herein.

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It is open to the petitioner to take the said defence and raise the said plea during the course of trial in the trial Court and also to cite the judgments relating to the decided case law before the trial Court. The trial Court shall consider the said

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CMR, J. Crl.P.No.2419 of 2022

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pleas that may be raised by the petitioner during the course of trial and also the judgments relied on by him, in the final adjudication of the case and examine whether any case is made out against the petitioner-A6 for the offences punishable under Sections 147, 148, 149 and 120-B of IPC or not.

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Therefore, the Criminal Petition is disposed of with a direction to the petitioner-A6 to raise the said pleas before the trial Court and with a further direction to the trial Court to consider the said pleas that may be raised by the petitioner in the final adjudication of the case.

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Miscellaneous Petitions, if any pending in this Criminal Petition, shall stand closed.

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________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:14-06-2022.

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Note:

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Issue C.C. by tomorrow. B/O cs

Gurram Sudhakar Naidu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Gurram Sudhakar Naidu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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