THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6157 of 2010 ORDER: Petitioners approach this Court with a prayer to quash the proceedings against them in Crime No.59 of 2010 of Kamalapuram Police Station, Kadapa District, whereby they are arrayed as accused for the offence punishable under Sections 143, 447, 506 and 364 IPC. 2. Heard both sides. 3. The brief facts of the case are as follows: The respondent herein constructed a building and the same was collapsed and three persons died. Due to the said incident, a crime was registered against the respondent-complainant for an offence under Section 147 Cr.P.C. Meanwhile, the petitioners herein along with other persons threatened the complainant and also they have taken the workers of the complainant from the work place, for which a complaint was lodged. Basing on the said complaint, the above case was registered. 4. On perusal of record and also the complaint, it does not disclose any offence under Section 364 IPC. The learned Senior Counsel Sri C.Padmanabha Reddy also submitted that even if the entire complaint is taken as true, the said complaint does not disclose any offence under Section 364 IPC. Section 364 IPC runs as follows: “Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.” 5. Further, as per the complaint one of the persons kidnapped by the petitioners herein filed an affidavit before this Court in which he has stated that no such occurrence took place on that particular date as alleged by the respondent-complainant herein. In the said affidavit, he further stated that some persons came to the place of occurrence and advised them to construct in a proper manner. Considering the said fact, the case was registered against the petitioners herein. 6. In view of the said fact, this Court is of the view that the present complaint is liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings in Cr.No.59 of 2010 of Kamalapuram Police Station, Kadapa District, are hereby quashed. 7. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 3rd November 2011, Rns.