THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5918 OF 2008 Date: 24th March, 2011 Between: Mulaka Chinna Subba Reddy …..Petitioner And The Station House Officer, Kodad Town Police Station, Nalgonda District, rep. byt he Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5918 OF 2008 ORDER: This Criminal Petition is filed to quash proceedings in C.C.No.55 of 2006 on the fie of the Court of the Judicial First Class Magistrate, Kodad. The petitioner is the accused and the 2nd respondent is the de facto complainant in the calender case. For convenience, I refer them as arrayed in the calender case from now onwards. The brief facts of the case are as follows: On 3-10-2005 at 6-15 p.m., the de facto complainant lodged a written complaint to the effect that he was working at the office of C.I. of Police, Kodad and on 3-10-2005 at about 5-45 p.m., while he was attending work in his office, one person came and stood in front of the office, then he asked that stranger about his arrival, as a result of which the stranger removed a small bottle from his pocket and started to consume its content. Immediately, he rushed to the said person and snatched away the bottle and noticed that he already consumed some quantity of poison in the bottle. Later, on enquiry, the stranger informed that his name as Mulaka Chinna Subba Reddy and later he was shifted to a private hospital and necessary treatment was given to him. Basing upon the incident, the Station House Officer, Kodad registered the case in Crime No.183 of 2005 under Section 309 IPC and he filed charge sheet and it was numbered as C.C.No.55 of 2006 on the file of the Court of the Judicial First Class Magistrate, Kodad against the said person i.e. the accused. It is the contention of learned Counsel for the petitioner that the allegations made against the petitioner are false and not supported by real facts and therefore, C.C.No.55 of 2006 should be quashed. It is the contention of learned Public Prosecutor appearing for the respondents that the statement of the said doctor was recorded which supports the prosecution claim and at this stage, question of fact cannot be decided, whereas it requires a full-fledged trial and therefore, the petition is misconceived and it deserves to be dismissed. There is a record, which supports the prosecution version. By virtue of Section 309 I.P.C., such persons are to be tried when such a charge is made. When the questions raised by the petitioner are to be decided basing upon necessary evidence to be recorded, this Court cannot quash the proceedings at this stage. In the result, the petition is dismissed. _____________________________________ JUSTICE G.KRISHNA MOHAN REDDY 24th March, 2011 Tjmr THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL PETITION NO.5918 OF 2008 DATE: 24th March, 2011 TJMR