THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.5343 of 2007 Dated:- 26th April 2010 Between: Smt.P.Durga Bhavani …Petitioner / A-7 AND The Circle Inspector of Police, Malkajgiri Police Station, Cybeabad and another …Respondents THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.5343 of 2007 ORDER: This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioner / A-7 to quash the proceedings against her in S.C.No.238 of 2006 on the file of the III Additional District and Sessions Judge (Fast Track Court), Ranga Reddy District. As seen from the charge sheet allegations, the case of the prosecution is as follows:- The deceased – Bhasker Narayana was running Neela Krishna Chit and Finances and Neela Krishna Group of companies at Mylargadda, Secunderabad. Alleging that three unknown persons entered into the house and stabbed her husband with knives and that she had also seen them fleeing from the room and that she could identify one of such assailants, the second wife of the deceased – Minghu Sunitha filed FIR before the police. The deceased was shifted to Apollo Hospital, Secunderabad for treatment, but however, he succumbed to injuries while undergoing treatment. The police registered a case in Crime No.140 of 2004, under Sections 448, 302 read with 34 IPC, conducted inquest over the dead body of the deceased in the presence of mediators and after completing investigation, laid charge sheet. The charge sheet allegations go to show that disputes arose between A-1 and the deceased in their business dealings. The petitioner herein / A-7 is the incharge of the office of the Western Industries belonging to A-1 and that she is also close confident of A- 1. We are not concerned with the other allegations made against the other accused. The following paragraphs appear to be relevant for the purpose of disposal of this petition. “A-1 was in a fix and wanted to come out of his problems by eliminating the deceased so that he can sell the land to LW-17. He constituted A-2 who was staying in his guest house as an agent of LW- 17. About one month prior to the commission of offence, A-1, A-2 and A-7 met in Padmashali Kalyana Mandapam Complex, West Maredpaly, where the office of M/s.Western Industries of A-1 was located and criminally conspired to murder the deceased. As per their plan, A-2 promised to engage a gang of Guntur for this murder. He demanded Rs.5.00 lakhs for the gang and Rs.10.00 lakhs for himself for the murder of the deceased which was agreed by A-1 and A-7.” “.A-2 contacted A-3 who is also rowdy-sheeter with criminal background for this purpose, who in turn engaged A-4 to A-6 for the murder of the deceased. A-2 arranged a meeting of A-1 and A-3 at the guest house of A-1. A-3 was given an advance of Rs.25,000/- and also given a cell phone bearing No.9849323024 (Nokia). A-2 also purchased a Nokia cell phone bearing No.9848611339.” “On 01.05.2004, A-3 to A-6 came to Urjitha Apartments, Anandbagh, in an auto at about 08.00 P.M. A-3 sent A-4 to find out the deceased’s flat bearing No.502. A-4 went up and enquired about the flat of the deceased with LW-1 and LW-5. A-3 left the place after the conforming the target of his murder. According to their plan in this criminal conspiracy, they have brutally murdered the deceased in this case.” “The confessions of the accused supported by the evidence of the Finger Print Expert – LW-27 clearly established the offence against the accused.” “The investigation in this case clearly establishes an offence committed by A-1 to A-7 punishable under Sections 452, 302, 420, 120-B IPC and they are liable to be tried and punished for the said offences.” The main contention of Sri C.Padmanabha Reddy, learned senior counsel appearing for the petitioner is that except confessional statement of co-accused, there is no other material against the petitioner herein (A-7); that the report of the finger prints expert show that the finger prints of A-5 and A-6 were tallied with that of chance prints taken at the scene by Inspector, Finger Prints Expert, FPB, Cyberabad. The learned Additional Public Prosecutor could not dispute the fact that except the confessional statement of the co-accused, there is no other material against the petitioner herein (A-7). I have gone through the record and also the statements of witnesses who worked in the office of A-1, i.e., Yellati Mahipal Reddy (LW-13), Shaik Raffiq (LW-16), Arekapudi Gandhi (LW-17) and Battikadi Narayana (LW-18) and there is no whisper about the petitioner / A-7 in their statements. It is settled law that the confession of the accused is inadmissible evidence unless and until there is any recovery of material objects or dead body etc., in pursuance of the confession of the accused. Thus, the confession of the accused is admissible for a limited purpose and to the limited extent of proving the recovery of any incriminating material. Therefore, a reading of the charge sheet allegations itself go to show that there is no material to proceed against the petitioner. In such circumstances, i.e., in which the allegations made against the accused in the complaint or in the FIR or in the charge sheet do not constitute any offence, even though those allegations are taken at their face value and are accepted in their entirety, it would be manifestly unjust to allow the process of criminal Court to continue in such circumstances. It is true that powers under Section 482 Cr.P.C. are to be exercised sparingly and in exceptional cases. Where, in a case, even if the entire prosecution case is accepted as true, but do not manifest an offence, then the proceedings cannot be continued against the accused. Accordingly, the Criminal Petition is allowed quashing the proceedings in S.C.No.238 of 2006 on the file of the III Additional District and Sessions Judge (Fast Track Court), Ranga Reddy District, which is now pending on the file of IV Additional District and Sessions Judge (Fast Track Court), Ranga Reddy District, as far as the petitioner / A-7 alone is concerned. _______________________________ JUSTICE B.CHANDRA KUMAR April 26, 2010 Bvv