In this criminal petition, the High Court of Andhra Pradesh examined whether the petitioner, an accused under Section 420 IPC, could be absolved from the case at the threshold as he claimed to be only a witness. The court found no valid reasons for absolution and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD
HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION No.5310 of 2012
DATE: 06.07.2012
Between:
Konupudi Audinarayana
…… Petitioner And
The State of A.P. through SHO, Tanuku Town P.S And another
…..Respondents
HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION No.5310 of 2012
ORDER :
The petitioner/A-5 is accused of offence punishable under Sections 420, 406/34 I.P.C. It is alleged that the other accused introduced A-1 to the 2nd respondent/victim for obtaining job in Railways and that the 2nd respondent paid Rs.8,20,000/- to A-1 in the presence of all the other accused and that the 2nd respondent was informed about getting the job and being sent for training and that finally the same was found to be false. It is contended by the petitioner’s counsel
that A-5 is only a witness and that he has nothing to do with the offence and that he did not obtain any money in the transaction. Having regard to the allegations of the affair being a joint affair by all the accused, it is a matter for investigation. I do not find any valid reasons to absolve the petitioner/A-5 from the case at its threshold.
2) Hence, the Criminal Petition is dismissed.
_______________________________ SAMUDRALA GOVINDARAJULU, J
July 06, 2012 ksh
2 issues framed by the court
Whether the petitioner/A-5 can be absolved from the criminal case at the threshold as he was only a witness.
Whether the alleged joint affair of all accused constitutes a valid reason for continuation of the case against the petitioner.
1 provisions across 1 enactments
Konupudi Audinarayana
The State of A.P. through SHO, Tanuku Town P.S
The State of A.P.
Samudrala Govindarajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
