CHETTI KRISHNA RAO Vs. STATE OF A P

JUDGEMENT

(1.) Inasmuch as both these petitions emanate from one criminal case in C.C. No.595 of 1996 on the file of the IX Metropolitan Magistrate, Hyderabad, they can be disposed of together.

(2.) The first accused is the petitioner in Criminal Petition No.4210 of 2003 and A.4 and A.5 are the petitioners in Criminal Petition No.5700 of 1999. They invoke inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for brevity 'the Code') for quashing the proceedings initiated against them in C.C.No.595 of 1996.

(3.) A.1 was working as a Coach for swimming in Hotel Bhaskara Palace, Hyderabad. A.4 and A.5 were the Director and Managing Director respectively thereof. A.2 was the Assistant Manager of Health Club and A.3 was the security guard in the Hotel, posted near the swimming pool. On a report given by one Syed Zahed Hussain on 28-4-1994 at 21.30 hours, the crime in this case was registered under Sections 304-A and 201 of the Indian Penal Code (for brevity 'the IPC') by the Sub-Inspector of Police, Panjagutta, Hyderabad. Eventually at the culmination of investigation, he laid the charge-sheet before the Court of V Metropolitan Magistrate, Hyderabad, as against A.1 to A.3 for the said offences. Cognizance thereof was taken by the learned Magistrate and process was issued, pursuant to which the accused appeared. At that stage, the Inspector, CB-CID took up investigation pursuant to the orders of the Additional Director General of Police, CID, Hyderabad, who filed a petition before the Court requesting to stop the further proceedings in the case. He laid the additional charge-sheet at the end of his investigation against A.1 to A.3 under Section 304-A of the IPC alone. The Inspector of Police filed yet another additional charge-sheet whereunder A.4 and A.5 were shown as accused for the offences punishable under Sections 201, 202 304-A, 336 and 338 of the IPC.