The court dismissed the criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings for the offence under Section 45 IPC, holding that Section 506 IPC is prima facie made out from the FIR allegations against the petitioner.
Criminal Petition dismissed; liberty to approach the Court after investigation is completed.
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THE HON’BLE SRI JUSTICE K.C. BHANU
CRIMINAL PETITION No.1933 of 2010
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings against the petitioner – A2 in Crime No.9 of 2010 of Jainath Police Station, Adilabad District, which was registered for the offence punishable under Sections 45IPC.
2. The case of the prosecution is that the petitioner alongwith the other accused criminally trespassed into the Government Quarters and land and caused damage to the government quarters and cut down the Nilagiri trees, that on information the 2nd respondent rushed to the spot and tried to stop them, but they threatened him and stopped him from discharging his duties.
3. As seen from the allegations in the FIR, offences under Sections 452, 427 and 353 IPC have no application insofar as the petitioner is concerned, as he was not present at the time of incident or he was allegedly trespassed into the Government quarters or caused loss to the government property or voluntarily caused injuries to any person. Therefore, from the allegations, prima facie offence under Section 506 IPC is only made out against the petitioner, and for that offence only the police have to investigate the case.
4. Hence, the Criminal Petition is dismissed, giving liberty to the petitioner to approach this Court after investigation is completed.
April 13, 2012. KTL
____________ K.C. BHANU, J
2 issues framed by the court
Whether the criminal proceedings under Section 45 IPC against the petitioner should be quashed at the stage before investigation.
Whether the allegations in the FIR prima facie make out an offence under Section 506 IPC against the petitioner.
4 provisions across 2 enactments
Petitioner
2nd Respondent
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
