Partly allowed

Senapathi Trinadha Naidu v. the State of Andhra Pradesh

Andhra Pradesh HC2 Jan 2023CRLP/10559/2022

Case brief

AI extract

What is this about?

This Court dismissed the Criminal Petition seeking quashing of the FIR alleging grievous hurt. The Court held that factual allegations must be investigated and declined to go into facts. However, expressing prima facie doubt about the applicability of Section 326 IPC, the Court ordered a notice under Section 41-A of Cr.P.C. without prejudice.

What did the court decide?

Petition dismissed; notice under Section 41-A of Cr.P.C. granted before further action.

Senapathi Trinadha Naidu Vs the State of Andhra… — Quashing and FIR | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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CRIMINAL PETITION No.10559 of 2022

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ORDER:

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The Petitioners are accused Nos.1 to 6 in Crime No.286 of 2021 on the file of S Kota Police Station, Vizianagaram District, for the offences initially registered under Sections 323, 324 read with Section 34 of the Indian Penal Code. Subsequently, Section 326 of Indian Penal Code was added by way of an alteration memo.

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The allegations in the complaint are that, on 18.11.2021 there was an altercation between the de facto - complainant and the petitioners herein on account of which the petitioners are said to have assaulted the de facto -complainant and members of his family including ladies, resulting in grievous injuries to the de facto -complainant and serious injuries to other members of his family.

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The petitioners have approached this Court to quash the complaint on the ground that the complaint is a false complaint made against the petitioners on account of the fact that they had moved the Collector of the District for civil disputes between the petitioners and the de facto -complainant and his family members.

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The learned Public Prosecutor has placed the wound

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certificate said to have been issued by the local area hospital showing that there was dislocation of a joint and other injuries to the de facto -complainant and as such Section 326 of Indian Penal Code was also added as the injury was caused by beating the de facto -complainant with a stick.

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The allegations in the complaint would have to be investigated before any conclusion can be drawn by this Court as to the nature of the disputes between the petitioners and whether the incident set out in the complaint had occurred or not. It would not be safe for this Court to go in these questions of fact.

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Accordingly, this Criminal Petition is dismissed.

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However, this Court has a prima facie doubt as to

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the applicability of Section 326 of Indian Penal Code, even if the injury suffered by the de facto -complainant was a grievous injury.

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In the circumstances, this Court is of the opinion

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that the petitioners should be entitled to a notice under Section 41-A of Cr.P.C. before any further steps are taken against them.

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Needless to say, any observations made by this

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Court shall not be taken into account by the investigating officer or the Magistrate, in the event of any further trail.

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

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____________________________ R. RAGHUNANDAN RAO, J

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02.01.2023 RKS/KPV

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¶23

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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CRIMINAL PETITION No.10559 of 2022

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02.01.2023

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RKS/KPV

Senapathi Trinadha Naidu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Senapathi Trinadha Naidu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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