Mohammed Ishaq vs S. Kazam Pasha & Anr

6. PW-1, (the appellant herein) having come to know that his articles were hidden at house No. 18-7-312/1/C/25, Talabkatta, Amannagar filed a petition under Section 94 of Criminal Procedure Code (for short the `Cr.P.C.') in the Court of Chief Metropolitan Magistrate-cum-First Addl. Magistrate, Hyderabad for issuance of search warrant. The learned Chief Metropolitan Magistrate issued the search warrant whereupon C. Ravindra Nath (PW-14), Inspector of Police, CCS Hyderabad searched the house adjacent to the house bearing No. 18-7-312/1/C/25, Talabkatta, Amannagar and seized the household articles belonging to the appellant party which were produced before the court. The learned Chief Metropolitan Magistrate released the articles to PW-1 for interim custody Page 4 of 17 pending disposal of the case. T. Bhojraj Yadav (PW-15), Inspector of Police, CCS Hyderabad took up investigation from PW-17. He examined PW-1 to PW-13 and recorded their statements under Section 161 Cr.P.C.

7. After completing the investigation, M.Madhav Reddy (PW-16), Inspector of Police, filed the charge sheet before the XXI Metropolitan Magistrate, Hyderabad. The Metropolitan Magistrate took the charge sheet on file and committed the case to the Metropolitan Sessions Division, Hyderabad. The Metropolitan Sessions Judge, Hyderabad took up the case and assigned the same to the Additional Metropolitan Sessions Judge, Hyderabad who framed charges under Sections 148, 452/149, 324/149 and 397/149 IPC in respect of all the accused persons i.e. A-1 to A-7. The accused pleaded not guilty and claimed to be tried. To bring home the guilt of the accused for the offences as aforesaid, the prosecution examined 17 witnesses and proved 26 documents and exhibit 28 material objects.

8. The trial court, on appreciation of the evidence brought on record and on hearing the prosecution and the accused, found A-1 guilty for the offences under Sections 148, 452 and 392 IPC and convicted and sentenced him to suffer rigorous imprisonment for six months and pay a fine of Rs. 500/- in default, to suffer simple imprisonment for two months Page 5 of 17 for the offence under Section 148 IPC; rigorous imprisonment for two years and a fine of Rs. 500/- in default to suffer simple imprisonment for two months for the offence under Section 452 IPC; rigorous imprisonment for five years and a fine of Rs. 5,000/- in default to suffer simple imprisonment for six months for the offence under Section 392 IPC. All the sentences were directed to run concurrently. However, the trial court found A-2 to A-7 not guilty for the offences punishable under Sections 148, 452, 392 read with Section 149 IPC and acquitted them accordingly.

17.Accordingly, A-1 is liable to be convicted under Sections 148, 392 and 452 IPC, which we hereby do and order. Consequently we restore the order of sentence passed by the trial court. The accused shall surrender immediately to serve out the remaining part of the sentence and the police is directed to take him into custody if he does not surrender within a period of fifteen days from today. Appeal is allowed accordingly. Writ Petition (Cri.) 13/2008

28. In view of the aforesaid discussion, we find that the order of the Andhra Pradesh government is untenable in law. It is also to be indicated that in view of the order passed by this Court convicting the appellant under Sections 148, 382 and 452 IPC and restoration of the order of sentence passed by the Trial Court, the impugned order passed by the State Government is also liable to be struck down on the ground of changed situation and circumstances. The writ petition is allowed to the aforesaid extent.