K DHANRAJU Vs. STATE OF AP

JUDGEMENT

(1.) The petitioner who is a doctor approached this Court and filed the present petition under Section 482 of Cr.P.C. to quash the proceedings in C.C. No. 555 of 2007 on the file of the court of the Special Judicial Magistrate of I Class (Prohibition & Excise) Mahaboobnagar, which was taken on file for the offence punishable under Section 197 of IPC.

(2.) Brief facts that led to the filing of the said complaint are as follows:

(3.) There was an accident on 11.10.2005 and the driver of the crime vehicle involved in the said accident i.e. DCM bearing No. AP 9 U 6386 was the accused. On the basis of a complaint given by P.W.1 in the said case stating that one H.B.Vasudeva Chari, who was examined as P.W.3 in the said case was injured in the accident, a case in Cr. No. 85 of 2005 was registered against the said driver for the offence punishable under Section 338 of IPC. After investigation, the police filed charge sheet also and the same was taken on file by the learned Special Judicial Magistrate of I Class for trial of cases under Prohibition and Excise as C.C. No. 23 of 2006. As stated above, the complainant was examined as P.W.1, Pancha witness was examined as P.W.2, the injured was examined as P.W.3, the petitioner who treated the injured was examined as P.W.4 and the investigating officer was examined as P.W.5. Exs.P.1 to P.4 were marked on behalf of the prosecution during the course of trial. Having recorded the said evidence and also looking at Ex.P.1 report, the trial court came to the conclusion that the said accident was solely on account of the rash and negligent driving on the part of the driver of the crime vehicle and accordingly found him guilty of the offence punishable under Section 338 of IPC and sentenced him to suffer simple imprisonment for a period of six months and also to pay a fine of Rs. 500/-, in default, to suffer simple imprisonment for three months. The accused in the case questioned the said judgment dated 26.03.2007 and the same was numbered as Crl.A. No. 47 of 2007. The learned I Additional Sessions Judge, Mahaboobnagar while allowing the said appeal and setting aside the said judgment of the trial court acquitted the accused. But, however, taking the view that the petitioner who was a doctor working at the relevant point of time in P.H.C, Shadnagar gave false evidence, directed the trial court to initiate proceedings against the petitioner for the offence punishable under Section 197 of I.P.C. In the light of the said observations, the learned Special Judicial Magistrate of I Class for Prohibition and Excise, Mahaboobnagar had registered a case in C.C. No. 555 of 2007 against the petitioner.