HON’BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.1431 of 2014
Date: April 29, 2014
Between:
1. Chirumamilla Ashok & 4 others. … Petitioners and 1. K.N. Mallikharjuna Rao & another. … Respondents * * * HON’BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.1431 of 2014
O R D E R:
This petition is filed to quash proceedings in S.C.No.214 of 2013 on the file of IV Additional Metropolitan Sessions Judge, Hyderabad.
2. Heard both sides.
3. The main contention of the advocate for petitioners is that there are no allegations against petitioners 3 to 5 who are sisters and maternal uncle of A-1. He submitted that in the statement of victim no where it is stated about role of these three and they are falsely implicated in the case.
4. On the other hand, it is the contention of advocate for complainant i.e., first respondent, that police after examining 12 witnesses prima facie satisfied that A-2 to A- 5 have also played role in commission of the offence and that cannot be decided in a petition under Section 482 Cr.P.C. and objections raised here are defences available to the petitioners.
5. Considering the submissions of both sides and material on record, I am of the view that all the grounds urged are the defences available to the petitioners and they can even invoke jurisdiction of the lower court and seek for discharge on these grounds and when alternative remedy is available under the Code for the same relief invoking Section 482 Cr.P.C. is not permissible in my view.
6. Therefore, considering the facts of the case and submissions of both sides this criminal petition is dismissed with liberty to the petitioners to approach court below for a discharge and learned Sessions Judge shall consider the application filed on behalf of the petitioners for discharge without being influenced by the dismissal of this petition and decide it on merits.
S. RAVI KUMAR, J Date: April 29, 2014. BSB
62 HON’BLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION No.1431 of 2014
Date: April 29, 2014
BSB