IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD WEDNESDAY THE TWENTY NINTH DAY OF APRIL, TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.2128 of 2007 Between: 1. Uthuri Sailu (A1) S/o Pochaiah 2. Uthuri Rajaiah (A3) S/o Sailu 3. Uthuri Thirupathi (A4) S/o Sailu 4. Uthuri Kishan (A5) S/o Sailu ..... Petitioners/Accused AND 1. The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad. 2. Uthuri Thirupathi S/o Balaiah, R/o Bathkepalli Village, Karimnagar District. .....Respondents Petition under Section 482 of Crl.P.C praying that in the circumstances stated therewith, the High Court may be pleased to quash the proceedings in C.C. No. 367 of 2002 on the file of Judicial First Class Magistrate, Jagtial, Karimnagar District. The petition coming on for hearing upon perusing the petition and grounds filed herein, and the order of the High Court dated 04-04-2007 made herein and upon hearing the arguments of Sri T. L. Nayan Kumar, Advocate for the Petitioners and the Public Prosecutor for the Respondent No.1, and of Sri A. K. Jaya Prakash Rao, Advocate on behalf of the Respondent No.2, the Court made the following ORDER: “The charge sheet is filed for the offences punishable under Sections 323 and 506 IPC, which are non – cognizable, Hence, the learned counsel for the petitioner contends that the police can not file charge sheet without permission of the Court, which is not disputable. But as contended by the learned counsel for the respondent, the material on record i.e., complaint and statement of the witnesses reveal commission of the offence under Section 447 IPC, which is a cognizable offence. Now the question is when the charge sheet was filed and cognizance was already taken, whether, at this stage, the cognizance of the offence punishable under Section 447 IPC can be taken? My opinion is affirmative. The learned counsel for the petitioner seeks time to argue on legal position. Post in the second week of June, 2009.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Judicial Magistrate of First Class, Jagtial, Karimnagar District. 2. The Station House Officer, Pegadapally Police Station, Karimnagar District. 3. Uthuri Thirupathi S/o Balaiah, R/o Bathkepalli Village, Karimnagar District. 4. Two CCs to the Public Prosecutor, High Court of A.P, Hyderabad. 5. One CC to Sri.T.L. Nayan Kumar, Advocate (OPUC) 6. One CC to Sri A. K. Jaya Prakash Rao, Advocate (OPUC) 7. One Spare Copy. BV HIGH COURT PSR.J DATED : 29-04-2009 NOTE: POST IN THE SECOND WEEK OF JUNE, 2009 ORDER CRL.P.NO. 2128 OF 2007 DIRECTION DRAFTED: BY BV DATED : 02-05-2009 HIGH COURT PSR.J DATED : 29-04-2009 NOTE: POST IN THE SECOND WEEK OF JUNE, 2009 ORDER CRL.P.NO. 2128 OF 2007 DIRECTION