U SADASIVAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition, under Section 482 Cr.PC is filed to quash the order passed in PRC No. 1 of 2010 in CFR No. 2110 of 2009 by the II Additional Judicial Magistrate of First Class, Proddatur. The brief facts that are necessary for disposal of the present criminal petition may be stated as follows:

(2.) Learned Counsel appearing for the petitioner contended that except PW1 no other witness stated about abusing the de facto complainant in the public place or in the presence of anybody; that the de facto complainant himself admitted that except himself and S.I. of Police, no one is present in the police station at that time; that the witnesses examined on behalf of the de facto complainant i.e., PWs. 2 to 6 did not speak anything with regard the offences punishable under Section 3(1)(ix) or 3(1)(x) of the Act; and hence, he prays to quash the order.

(3.) Learned Counsel for the petitioner also relied on a decision of the apex Court reported in Asmathunnisa v. State of Andhra Pradesh, 2011 11 SCC 259, wherein it was held thus: