The High Court dismissed a criminal petition filed to quash proceedings for lack of merits. The court held that the petitioner's contention regarding insufficient material was incorrect, noting evidence of confession and recovery, stating such issues must be resolved during trial.
The criminal petition was dismissed for lack of merits.
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THE HON’BLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION No. 1743 of 2012
ORDER:
This petition is filed to quash the proceedings in C.C.No.115 of 2008 on the file of II Additional Junior Civil Judge, Tirupaty, Chittoor District.
Heard both sides.
Advocate for the petitioner submitted that the name of the petitioner is not referred in the FIR and the only material against the petitioner is the alleged confession of the co-accused and the petitioner is no way concerned with the offence.
On the other hand, learned Public Prosecutor submitted that on the basis of confession of this petitioner, police seized Rs.20,000/- from the possession of this petitioner which is the money that was taken from the complainant i.e. second respondent herein.
I have perused the material filed along with the criminal petition.
According to investigation, on 29.06.2004, this petitioner and three other accused were arrested by the police and they said to have made a confession statement before the mediators and in pursuance of the confession, a sum of Rs.20,000/- was seized from the possession of the petitioner herein under the cover of mahajar and as per the investigation, on 08.05.2004, A1
to A3 induced the complainant on the ground that they would provide gold at cheaper rate and he was made to part with cash of Rs.2,50,000/- and when the first accused was showing the gold, some persons came there in police uniform, threatened the complainant on the ground that he was purchasing spurious gold and took away remaining cash of Rs.75,000/- from the complainant and according to prosecution, the petitioner is one among those who came in police uniform. Considering the charge sheet and the supporting material, the contention of the criminal petitioner that there is no material against him for the offence charged cannot be accepted. These aspects have to be considered only during trial and at this stage, the correctness of allegations in the charge sheet and the supporting material cannot be decided.
For these reasons, the criminal petition is devoid of merits and is dismissed, accordingly.
_______________________ _ JUSTICE S. RAVI KUMAR
15TH July, 2013 KSM
2 issues framed by the court
Whether the criminal petition seeking to quash proceedings is maintainable given the allegations of confession and recovery against the petitioner.
Whether the correctness of allegations in the charge sheet and supporting material should be decided at the stage of a quashing petition.
THE PETITIONER
SECOND RESPONDENT (COMPLAINANT)
S. RAVI KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
