SESHAPU BHUJANGA RAO Vs. STATE BY PUBLIC PROSECUTOR

JUDGEMENT

(1.) THE present Criminal Petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C") to quash the proceedings in C.C.No.257 of 2004 on the file of the Court of the Additional Judicial Magistrate of First Class, Tadepalligudem, West Godavari District.

(2.) LEARNED counsel appearing for the petitioner urged that the petitioner being the P.W.I stated before the Court that he is unable to recognize and identify the accused in CC.No.124 of 2000 due to long delay and he did not give any false evidence and, therefore, the criminal prosecution cannot be initiated on the ground that he had taken different stand from his statement under Sec. 161 of Cr.P.C.

(3.) IT is well settled law that Section 161 of Cr.P.C. statement is not admissible in evidence. Simply because he is the complainant, who shown hostility towards the accused, it cannot be said that the complainant committed any offence, much less against his own case. Therefore, in the totality of the circumstances and the facts and circumstances of the case on hand, it cannot be said that P.W.1 committed an offence under Section 193 of IPC. Accordingly, the criminal prosecution cannot be initiated merely on the ground that the witness has taken different stand from his statement under Section 161 of Cr.P.C. without taking into consideration of the various facts. Therefore, the proceedings in C.C.No.257 of 2004 on the file of the Additional Judicial Magistrate of First Class, Tadepalligudem, West Godavari District are liable to be quashed.