HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.7920 OF 2009 DATE: 28-12-2011 BETWEEN: Kottala Rajaram and seven others. - - - Petitioners/ A-1 to A-8. AND The State of A.P., through S.H.O. Soan P.S. Adilabad District, Rep. by Public Prosecutor, High Court of A.P., Hyderabad And another. - - - Respondents/ Complainant. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.7920 OF 2008 ORDER: This Criminal Petition is filed by the Petitioners/Accused Nos.1 to 8 (For short, ‘A-1 to A-8’) under Section 482 of Cr.P.C. seeking to quash proceedings in P.R.C. No.18 of 2009, pending on the file of the Court of Judicial Magistrate of First Class at Nirmal, Adilabad District for offences punishable under Sections 307, 448, 504 and 506 (ii) read with section 34 I.P.C. 2. Whereas the Petitioners are A-1 to A-8, the Respondent No.2 is the Complainant in the Preliminary Registered Case. For the sake of convenience, I refer the parties as arrayed in the Preliminary Registered Case. 3. Heard the learned counsel for A-1 to A-8 and learned Additional Public Prosecutor appearing for the Respondents-State. 4. It is contended by the learned counsel for A-1 to A-8 that earlier the brother of the second respondent herein gave a report dated 30-01- 2009 against A-1 to A-3 in the case on the ground that they involved in causing injuries to his brother and on that basis a case in Crime No.4 of 2009 for offence punishable under section 324 read with section 34 I.P.C. on the file of P.S. Soan was registered and after necessary investigation, the police altered the section of law to 325 read with section 34 I.P.C. and filed charge sheet, against A-1 to A-3, which was numbered as C.C. No.108 of 2009 on the file of the Court of Judicial Magistrate of First Class, Nirmal. During the pendency of the C.C. No.108 of 2009 on the file of the court of Judicial Magistrate of First Class at Nirmal, the second respondent filed a private complaint with reference to the same incident on 05-08-2009 but adding false allegations against A-4 to A-8. Therefore, it prima-facie appears that the allegations made in the complaint are not true but in spite of that the learned Magistrate has taken cognizance of the case for the offences punishable under Sections 307, 448, 504 and 506 (ii) read with section 34 I.P.C. and numbered the same as P.R.C. No.18 of 2009 and hence the proceedings in the said P.R.C. are liable to be quashed. 5. The learned Additional Public Prosecutor has opposed for quashing the proceedings. 6. The point for consideration is whether sufficient grounds are there in order to quash the proceedings in P.R.C. No.18 of 2009 so far as A-1 to A-8 are concerned? 7. Point: I have gone through the record, which clearly shows that a report dated 30-01-2009 was given by the brother of the complainant herein making specific allegations only against A-1 to A-3 with regards to causing the injuries to his brother, but adding some more allegations, the private complaint was filed by the complainant, which was taken on file by the learned Magistrate. Thus, it is clear prima- facie that false allegations were made in the complaint against A-4 to A-8 and hence they are subjected to un-necessary harassment. But so far as A-1 to A-3 are concerned, the proceedings initiated on the basis of the charge sheet filed by the police in C.C. No.108 of 2009 on the file of Judicial Magistrate of First Class, Nirmal can be continued. Unless sufficient material is there no one should be prosecuted. Prosecution of innocent persons is not allowed under the criminal administration system. If it is done, it is nothing but abuse of process of law. Accordingly, for the foregoing reasons, the Criminal Petition is allowed in part quashing the proceedings against A-4 to A-8 in P.R.C. No.18 of 2009, taken cognizance of for the offences punishable under Sections 307, 448, 504 and 506 (ii) read with section 34 I.P.C. pending on the file of Judicial Magistrate of First Class at Nirmal, Adilabad District while directing to continue the other proceedings. __________________________ G. KRISHNA MOHAN REDDY, J Dated: 28-12-2011. Dsh. THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 138 CRIMINAL PETITION No.7920 OF 2009 28-12-2011 DSH