VELURU PRABHAKAR REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioner, who is the de facto complainant in crime No.38 of 2010, has filed this writ petition challenging the action of Respondent No.4 in filing the charge sheet in S.C.No.164 of 2012 on the file of the District Sessions Court, Nellore, without recovery of stolen property, as illegal.

(2.) BRIEFLY the facts are, the petitioner was married to one Smt.Yeramaka Sunandamma. They were separated in the year 1984 after the marriage was dissolved at the instance of the wife. Towards the end of 2009, Smt.Yeramaka Sunandamma joined the petitioner at Gudur on the pretext that she wanted to perform the second marriage of their son Santhan Sagar Reddy. One week prior to 15 04 2010, she went to Nellore and brought several people armed with deadly weapons and trespassed into the house of the petitioner on 15 04 2010. The petitioner was tied with ropes and after closing his mouth, they took away certain household articles, gold and silver ornaments and documents such as, Pattedar Passbooks, Stamp Papers, Pronotes, etc., A complaint to the said effect was lodged by the petitioner on 06 05 2010. The 04th Respondent after conducting investigation filed charge sheet against Sunandamma and five others for the offences punishable under Sections 143, 450, 342, 347, 384, 379, 506, 424 read with 149 I.P.C. It appears that schedule is fixed by the Court for trial. It is at this stage, the petitioner has filed this writ petition.

(3.) THE learned Assistant Government Pleader for Home on the other hand submits that the prosecution of the accused will no way be affected though stolen property is not produced before the Court. The charges against the accused would independently stand and have to be established on their own merits. Thus, the trial of the accused will not be vitiated merely because the property is not produced.