THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2372 of 2011 ORDER: Petitioner approached this Court with a prayer to quash the proceedings initiated against him in C.C.No.1233 of 2010 on the file of X Additional Metropolitan Magistrate, Secunderabad, wherein he is facing trial for the offences punishable under Sections 224 and 332 IPC. Brief facts of the case are as follows: On 13.01.2010, when the defacto-complainant, who is the Sub- Inspector of Police, Chevella, along with his staff went to Mahendra Hills, Secunderabad, in a private vehicle to apprehend the accused persons pertaining to Crime No.7 of 2010 of P.S.Chevella, registered for the offences punishable under Sections 323 and 324 of IPC and Section 3 (1) (x) of SC & ST (POA) Act, 1989, being investigated by Deputy Superintendent of Police, Chevella Sub-Division, they found the accused-Basani Jayapal Reddy (petitioner) in a Honda Accord car bearing Registration No.AP 9 AX 6900 coming in opposite direction and stopped the said car. The defacto-complainant briefed about his identity as Police Officer and questioned the identity of the accused. However, the accused knocked down the defacto-complainant, who was standing in front of the car, and drove his car to some distance by increasing the acceleration, due to which the defacto-complainant sustained injuries on his face, head, hands etc. On the basis of the complaint lodged by the defacto-complainant, the investigating agency completed the investigation and filed the charge sheet before the concerned Court and the same is taken on file by the concerned Magistrate as C.C.No.1233 of 2010, for the offences punishable under Sections 224 and 332 of IPC, even though the charge sheet was filed for the offences punishable under Sections 224, 332 and 307 IPC. The main ground raised by the learned Senior Counsel appearing for the petitioner is that the petitioner herein approached the Human Rights Commission complaining about the registration of the present false complaint and also the harassment and highhanded action of the respondent police. Thereupon, the Human Rights Commission ordered for recovery of the outpatient receipt pertaining to the petitioner that he has taken treatment on 13.01.2010 at A.P.Vaidya Vidhana Parishad Area Hospital, Jagitial, Karimnagar District, and also directed the respondent police to file a report. In compliance of the said directions, the respondent investigating agency filed a detailed report before the Human Rights Commission, which reads as follows: “ On 21.05.2010, the alleged accused B. Jaipal Reddy submitted an application dated 18.05.2010, stating that on 13.01.2010 morning while he was going from Warangal to Nizamabad along with his family accompanied by his uncle, on the way he was suffering from fever, vomiting & motions, and he was given treatment with Out-Patient ticket No.2716, dated 13.01.2010 at A.P. Vaidya Vidhana Parishad Area Hospital, JAGITIAL, Karimnagar District, between 10.00 AM to 11.00 AM on 13.01.2010. He further submitted that, for any person to travel from JAGITIAL to Hyderabad City, the minimum journey time will be 4 to 5 Hrs. He submitted the documentary evidence (Xerox copies) of the Out-Patient ticket No. 2716, dated 13.01.2010 and the Medical Certificate dated 16.01.2010, in which the signature of the patient is also available, issued by the said A.P. Vaidya Vidhana Parishad Area Hospital, JAGITIAL, Karimanagar District, for the treatment given to him, for further enquiry & for taking necessary action. On 08.07.2010, I served a Notice U/Sec.91 Cr.P.C. to the Medical Superintendent of A.P. Vaidya Vidhana Parishad Area Hospital, JAGITIAL, Karimnagar District, for furnishing the attested Xerox copy of the Out-Patient Register of dated 13.01.2010 of their hospital & to confirm whether the Out-patient ticket No. 2716, dated 13.01.2010 & Medical Certificate dated 16.01.2010 are issued by their Hospital or not, for the purpose of further investigation in Crime No.04/2010 of PS Tukaramgate, Hyderabad City. I have collected the following evidence from the A.P. Vaidya Vidhana Parishad Area Hospital, JAGITIAL, Karimnagar District, A.P. i. Records of the Out-Patient Register of dated 13.01.2010 from the A.P. Vaidya Vidhana Parishad Area Hospital, JAGITIAL, Karimnagar Dist., duly attested by the Doctors (Xerox copy). ii. Certificate dated 08.07.2010 issued by the Doctor S. Ashok Kumar, Civil Senior Specialist, stating that has given treatment to Mr. B. Jaipal Reddy, 48 yrs, old on 13.01.2010 for Fever & Vomiting. iii. Covering Letter Vide R.C. No. 302/AHJ/2010, dated 08.07.2010 issued by the Medical Superintendent of the said Hospital, confirming that, the Out-Patient Ticket No. 2716 is issued by their Hospital, in the name of Mr. B. Jaipal Reddy, age 48 yrs, who was undergone treatment in their Hospital as Out-Patient on 13.01.2010, and on the request of B. Jaipal Reddy the Medical Certificate dated 16.01.2010 was issued to him by their Hospital for treatment given to him, Certificate was issued by Dr. S. Ashok Kumar (C.S.S). i v . Attested copy of the Out-Patient Ticket No. 2716, dated 13.01.2010, duly attested by the Medical Superintendent of the A.P. Vaidya Vidhana Parishad Area Hospital, JAGITIAL, dated 08.07.2010. v. Attested copy of the Medical Certificate dated 16.01.2010 issued in the name of B. Jaipal Reddy duly attested by the Medical Superintendent of the said Hospital dated 08.07.2010. vi. On 08.07.2010, I have recorded the Statement of Doctor S. Ashok Kumar, Civil Senior Specialist, at their Hospital, who has given treatment to the alleged accused B. Jaipal Reddy & who issued the Medical Certificate dated 16.01.2010 to him. As per the above evidence, collected by me, from the Doctors & Records of the A.P. Vaidya Vidhana Parishad Area Hospital, JAGITIAL, Karimnagar District, it is evident, that the treatment was given to the alleged accused B. Jaipal Reddy on 13.01.2010, between 10.00 AM to 11.00 AM, at A.P. Vaidya Vidhana Parishad Area Hospital, JAGITIAL, Karimnagar District.” In the said report, the respondent investigating agency informed that the present petitioner viz., Basani Jaipal Reddy has, in fact, taken treatment on 13.01.2010 between 10.00 a.m. to 11.00 a.m at A.P. Vaidya Vidhana Parishad Area Hospital, Jagitial, Karimnagar District. But, subsequently, the very same respondent investigating agency filed the present charge sheet before the concerned Court, in which it is stated as under: “The accused Basani Jayapal Reddy s/o Late Inna Reddy aged 47 yrs Occ: Business r/o Plot No.608, Whitehouse Apartments, H.No. 8-2-674/2/2-A, Road No.13, Banjara Hills, Hyderabad, has created alibi that he was a out patient APVVP area hospital, Jagityal on date, time and place of offence. But, it showed that his alibi was found to be fabricated and false as per the statements of L.Ws.8 to 15 and collection of documentary evidence.” This Court is aware of the fact that the alibi is very weak piece of evidence and that cannot be a ground to quash the complaint on the file of the Court concerned. But, in the present case, it is to be noticed that in the report filed before the Human Rights Commission on 12.07.2010, the respondent Investigating Agency stated that on the date and time of the alleged occurrence, the petitioner was under treatment in A.P.Vaidya Vidhana Parishad Area Hospital, Jagitial, Karimnagar District, but subsequently, the very same respondent investigating agency filed a charge sheet before the concerned Court stating that the alibi of the petitioner that he was treated as out patient in A.P.Vaidya Vidhana Parishad Area Hospial, Jagitial, Karimnagar District, on the date, time and place of the alleged incident, was found to be fabricated and false. This clearly indicates the different stands taken by the respondent investigating agency and the intentions of the investigating agency in registering the present complaint against the petitioner. In these circumstances, this Court is of the considered opinion that if the present complaint is allowed to be continued, no useful purpose will be served. Therefore, the proceedings initiated against the petitioner in C.C.No.1233 of 2010 on the file of X Additional Metropolitan Magistrate, Secunderabad, are liable to be quashed. Accordingly, this criminal petition is allowed and the proceedings initiated against the petitioner in C.C.No.1233 of 2010 on the file of X Additional Metropolitan Magistrate, Secunderabad, are liable to be quashed. ____________________ JUSTICE RAJA ELANGO 23.03.2011 v v