THE HON’BLE SRI JUSTICE K.S.APPA RAO CRIMINAL PETITION NO.7406 OF 2008 Date: 31-03-2011 Between: Kakani Nageswara Rao …..Petitioner And Gonuguntla Somanadh and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE K.S.APPA RAO CRIMINAL PETITION NO.7406 OF 2008 ORDER: The present petition is filed to quash the proceedings in C.C.No.960 of 2006 on the file of Chief Metropolitan Magistrate Court, Visakhapatnam. The petitioner herein is the accused No.6 in C.C.No.960 of 2006. The Sub Inspector of Police, III Town Police Station, Visakhapatnam City filed charge sheet against the petitioner and 5 others on the report lodged by Gonuguntla Somanadh for the offences under Sections 147, 323, 351, 506 and 149 I.P.C. Having aggrieved by the same, the present petition is filed. Now the point for consideration is whether the proceedings in C.C.No.960 of 2006 are liable to be quashed against the petitioner. The brief facts of the case are that the 1st respondent lodged a report with III Town Police Station, Visakhapatnam City alleging that he is working as news reporter in Eenadu newspaper unit and on 29-4-2006 at about 10.30 a.m., on information about removal of unauthorized sheds from encroachers in Government land by the revenue staff at Gudlavanipalem, Sagar Nagar, Visakhapatnam, he went there for covering news. When he was taking photographs, A-1 and A-2 objected him from taking photographs and threatened him. Basing on the report, the above said case was registered. It is the contention of the learned Counsel for the Petitioner that the petitioner/6th accused is an Assistant Professor in Andhra University, Visakhapatnam and he is nothing to do with the incident. He also contended that there is no specific overt act against the petitioner/6th accused and none of the witnesses in their statements stated about the participation of the petitioner/6th accused in the offence. As seen from charge sheet, the accused Nos.3 to 6 are not yet apprehended. The police, after due investigation, filed charge sheet observing that all the accused including the petitioner/6th accused have participated in the alleged incident. However, while taking into consideration of the investigation so far conducted by the police and the charge sheet, no positive finding can be given about the truth or otherwise of the participation of the petitioner/6th accused. Unless a thorough enquiry is resorted to, nothing can be said that the investigation made by the investigation officer is perfectory and the truth or otherwise of the allegations in the complaint will be decided after adducing evidence by the prosecution. With the above observations, the petition is dismissed. ________________________ JUSTICE K.S. APPA RAO 31st March, 2011. Tjmr THE HON’BLE SRI JUSTICE K.S.APPA RAO CRIMINAL PETITION NO.7406 OF 2008 DATE: 31.03.2011