LAWS(APH)-2023-1-136

BANDARU VENKATA PRASAD Vs. STATE OF ANDHRA PRADESH

Decided On January 20, 2023
Bandaru Venkata Prasad Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Since the Criminal Petitions, under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, CrPC), are filed by A1 in Crl.P.No.7196 of 2021 and by A2 to A8 in Crl.P.No.7192 of 2021, to quash the entire proceedings in PRC.No.116 of 2020 on the file of the VII Additional Metropolitan Magistrate, Visakhapatnam and the grounds urged are almost same in both the petitions, they are being disposed of by this Common Order.

(2.) Based on a report lodged by 2nd respondent herein who is the defacto complainant, a case in crime No.367 of 2020 was registered by Kancharapalem police station, and after completion of investigation, police laid charge sheet, for the offences punishable under Ss. 417, 420, 376, 406, 506, 509 IPC against A1 and 506, 509, 323 r/w with 34 IPC against A.2 to A.8. Allegations, in brief, in the charge sheet are as follows.

(3.) Learned counsel for the petitioners contended that even accepting all the allegations in the charge sheet are true, still the offences 417, 420, 376, 406, 506 and 509, 323 r/w 34 IPC are not attracted against the petitioners for the reason that there is civil dispute pending between 2ndrespondent and the petitioners. The de facto complainant/2ndrespondent in order to settle the disputes with the petitioners, she made false allegations against the petitioners and foisted false case against them.