AI Structured Summary
Not yet generated for this judgment
Judgment
This Criminal Petition is filed seeking to quash the proceedings in C.C. No.2359 of 2022 on the file of the learned 1 Additional Judicial First Class Magistrate, Warangal, (herein after called brevity “trial Court”), wherein the petitioner was arrayed as accused No.2 for the offence punishable under Section 324 read with Section 34 of IPC.
Heard Mr. Y. Balamurali, learned counsel representing Mrs. Ramya Krishna Muriki, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.
Learned counsel for the petitioner submits that the petitioner has not committed any offence and he was falsely implicated in the present crime. Even according to the allegations levelled against the petitioner in the complaint, the ingredients for the offence punishable under Section 324 read with Section 34 of IPC are not attracted.
It is further submitted that the victim has not sustained any injuries. The prosecution has not produced any iota of material along with final report to attract ingredients for the offence under Section 324 of IPC. Hence, continuation of proceedings against the petitioner is clear abuse of process of law.
Having considered the submissions made by the learned counsel for the petitioner and after perusal of the material available on record, it reveals that there are specific allegations levelled against the petitioner in the complaint as well as final report. The Investigating Officer recorded the statements of LWs.1 to 10. LWs.3 to 6 are eye witnesses and in their statements, they specifically mentioned the role of the petitioner. Whether the allegations levelled in the complaint as well as final report and the statements given by the witnesses and the medical reports issued by LWs.9 and 10 are true or not, the same will be revealed during the course of trial. The grounds urged and pleaded in the present petition are facts and the same has to be adjudicated and decided by the learned trial Court only after full-fledged trial. Hence, this case is not comes within the ambit of rarest of the rare case to exercise the powers conferred under Section 528 of BNSS to quash the proceedings in C.C. No.2359 of 2022.
At this juncture, learned counsel for the petitioner submits that the crime pertaining to 20.09.2013. The Investigating Officer filed final report in the year 2013 only. The learned trial Court has taken cognizance in the year 2022. This Court issue necessary direction to the learned trial Court to conclude the trial and dispose of the case by fixing the time limit.
Taking into consideration of the above said submissions made by the learned counsel for the petitioner, the learned trial Court is directed to conclude the trial and dispose of C.C. No.2359 of 2022 as expeditiously as possible. The parties in lis shall cooperate with the trial Court without seeking undue adjournments.
Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed.