Single judge dismissed criminal petition under Section 482 Cr.P.C. seeking quash of proceedings under Section 324 IPC due to existence of civil disputes and prima facie evidence against the accused.
Petition to quash proceedings under Section 482 Cr.P.C. dismissed; lower court directed to consider condonation of appearance.
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THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
CRIMINAL PETITION No. 4664 of 2011
ORDER:
This application is filed by the petitioner under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to quash the proceedings in C.C.No.114 of 2011 on the file of the Judicial First Class Magistrate, Kota for the offence under Section 324 of the Indian Penal Code, 1860 (for short “IPC”).
According to the case of the petitioner, he was working in West Godavari District and by the date of incident he was not present and in fact there was a complaint by the father of the accused and as a counterblast of it, the present prosecution has been initiated.
Evidently, the complainant and the accused are neighbours. There seems to be disputes with regard to the enjoyment of the same site between them and civil suits are also pending. Therefore, in view of the above circumstances, at this stage, it is very difficult to say that the complaint lodged by the complainant is totally false that too after the police have filed the charge sheet finding prima facie evidence about the charges against the accused. Therefore, in view of the above circumstances, it is not the case for quashing of the proceedings.
However, the learned counsel for the petitioner claims that since the accused is employed in West Godavari District for attendance on every date of adjournment it may be very difficult for the petitioner.
Taking into consideration the above circumstances and since there is no dispute about the identity of the accused, the lower Court shall consider the condonation of the appearance of the accused
except on the dates when his personal attendance is required.
Accordingly, the Criminal Petition is disposed of.
________________________ N.R.L. NAGESWARA RAO, J
Date: 04-07-2011 MR
THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
CRIMINAL PETITION No. 4664 of 2011
DATE: 04-07-2011
MR
1 issue framed by the court
Whether the criminal proceedings initiated under Section 324 IPC should be quashed keeping in view the nature of the dispute and absence of falsehood in the complaint.
Petitioner
Accused
N.R.L. NAGESWARA RAO
As recorded by the court registry
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