THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.11325 OF 2010 DATED: 19-11-2010 ORDER: This petition is filed under Section 482 of Cr.P.C. for quashing the further proceedings against the petitioner- A17 in C.C.No.1213 of 2010 on the file of the learned XIV Additional Chief Metropolitan Magistrate, Hyderabad. 2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent- State. Perused the record. 3. Petitioner-A17 along with others is facing prosecution for the offences under Sections 147, 148, 323, 153(A) r/w 149 IPC and Section 4 of the Prevention of Damage to Public Property Act. 4. On a complaint given by the Sub-Inspector of police, Chaderghat police station, police have investigated and filed charge sheet against 22 accused, including the petitioner herein-A17. 5. The case of the prosecution is that on 31-10-2008 while the Sub Inspector of police, Chaderghat police station was on night duty at 0030 hours, one Mohammad Mahaboob came to the police station and reported that he was beat by rowdy element-Kotha Raghu and his associates and the Sub Inspector of police came to know that the said Raghu is present at Yashoda hospital, Malakpet and rushed there and apprehended him and by that time 20 to 30 persons gathered there and pelted stones on the police personnel and damaged the glass panes of the Malakpet Police Rakshak vehicle. It is specifically alleged that during the course of investigation, based on the statements of the witnesses, it was revealed that A1 to A22 rushed towards Yashoda hospital, Malakpet by raising slogans to attack the persons belonging to Hindu community and they attempted to attack Kotha Raghu. It is further alleged that pelting of stones by the petitioner-A17 and others resulted in damage to the public property. 6. Having regard to the fact that specific allegations are made in the charge sheet against the petitioner-A17 also attracting the ingredients of the alleged offences and specific overt acts have been attributed to the petitioner- A17 as well in the commission of the alleged offences and having regard to the gravity of the nature of the offence alleged, it is considered not a fit case to invoke the inherent powers of this Court under Section 482 Cr.P.C. and quash the further proceedings. 7. Learned counsel for the petitioner-A17 would submit that in the First Information Report and remand report the name of the petitioner-A17 is not mentioned and his name was mentioned only as ‘Shabbu’, which does not relate to the petitioner and subsequently, petitioner-A17 is falsely implicated by showing that the petitioner-A17 is having alias name as ‘Shabbu’. 8. It is to be noted that admittedly petitioner-A17, apprehending arrest, filed an application for anticipatory bail. The specific case of the prosecution is that petitioner- A17 is having alias name as ‘Shabbu’ and some of the witnesses have referred to him by his alias name as ‘Shabbu’ and there was never any doubt or dispute regarding the identity of the petitioner-A17 being one of the participants in the offence alleged. 9. Under those circumstances, the question as to the identity of the petitioner-A17 is duly established or not as one of the offenders participating in the crime, is a matter to be considered on evidence that may be adduced during the course of trial, but not at this stage. The claim of the petitioner-A17 that he has no alias name as ‘Shabbu’ cannot therefore be taken as a ground for quashing the further proceedings in C.C.No.213 of 2010 inasmuch as the said claim has to be decided only on evidence that may be adduced during the trial. 10. It is well established principle of law that the inherent powers of the Court under Section 482 Cr.P.C. have to be exercised with care and caution and they may not be invoked to scuttle the prosecution launched after due investigation and especially in a case like the present one where specific allegations, pertaining to the grave offences, have been made against the petitioner-A17 as well. It is therefore considered not a fit case to invoke the inherent powers of the Court under Section 482 Cr.P.C. and quash the further proceedings in C.C.No.1213 of 2010 on the file of the learned XIV Additional Chief Metropolitan Magistrate, Hyderabad. 11. In the result, Criminal Petition is dismissed. _______________________ G.V.SEETHAPATHY, J 19th November, 2010. Tsy