In a criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings for offences under Sections 498-A and 307 IPC, the Court observed that evidence examined cannot collaterally assess intent under Section 307 IPC based on a simple injury. The trial court must decide the quantum after concluding evidence.
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IN THE HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD
TUESDAY ,THE FOURTEENTHDAY OF MARCH TWO THOUSAND ANDTWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO:9573 OF 2021
Between:
Ram Sudheer Reddy Palnati, S/o.Krishna Reddy Agedabout 35years, Occ.Software Employee R/o.H.No.1-6-1411351113, Sriram Nagar,SuryapetTown, Present at Plot No.302, VJ Residency, Madhapur, Hyderabad.
...PETITIONER/ACCUSED
AND
oe urtcoMpLAr NAN TS
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the criminal proceedings in PRC.No. 21 of 2021 in Crime No.302/2021 of PS Miryalaguda I Town, on file of the I Additional Junior Civil Judge, Miryalaguda, for the offences alleged U/Sec.498-A, 307 lPC. l.A. NO: 1 OF 2021
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appeirance of the Petitioner/Accused herein in PRC.No. 21 of 2021 in Crime No.302/2021 of PS Miryataguda I Town, on file of the I Additional Junior Civiljudge, Miryalaguda, for the offences alleged U/Sec.498-A, 307 lPC.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ayesha Saba, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri M.Madhava Reddy, Advocate for Respondent No.2.
The Court made the following: ORDER
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.9573 OF 2O2L
ORDER:
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that there was an altercation, pursuant to which, 2nd respondent received an injury, which is a contusion mark on the left arm. Contdsion is an injury which is on account of any direct blow or force that is applied on the body. There is no contusion on the neck. However, only on the basis of the 2"d respondent stating that she had pain in swallowing and difficulty in speech, the police have filed the charge sheet for the offence of attempt to murder punishable underSection 307 of IPC.
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decide after conclusion of examination of witnesses whether an offence under Section 3or oflpc is made out or not.
consequently, misceilaneous petitions, if &fly, shail stand disposed.
sd/- c.PRAVEEN KUfrAR ASSISTANT REGISTRAR t,l
//TRUE COPY// V SECTION OFFICER
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HIGH COURT DATED:1410312023
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ORDER
CRLP.No.9573 of 2021
DISMISSING THE CRL.P
2 issues framed by the court
Whether offences under Section 307 IPC are made out based on the injury certificate and complainant's statement.
Whether this Court can decide the existence of an offence under quashing proceedings under Section 482 Cr.P.C.
Ram Sudheer Reddy Palnati
The State of Telangana
Mali Sahithi
K.Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
