OLLEPU SOMAIAH Vs. SATATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present petition, under section 482 of Criminal Procedure Code, is filed to quash the F.I.R in Crime No.53 of 2006 of Makloor Police Station, Nizamabad District.

(2.) One Gogula Mallaiah filed a complaint before the Sub-Inspector of Police, Makloor Police Station, Nizamabad District, alleging that on 15-03-2006 at about 2.00 p.m. his son, by name Mahipal, along with some other children, went out to play Holi, and when his son did not return home till evening, he left in search of his son, and traced his body at about 11.00 a.m. on 16-03-2006 in a water pit dug by petitioner No.2 in the land belonging to petitioner No.1. Based on the said complaint, a case in Crime No.53 of 2006 under Section 174 Cr.P.C. was registered, and later on, based on the statements of witnesses recorded and the letter of the 2nd respondent, the Section of law was altered to 304(ii) IPC. The petitioners herein seekquashing of the said proceedings on the ground that they have nothing to do with the alleged offence, and that the contents of the complaint do not make out any offence much less offence under Section 304(ii) IPC to proceed against them.

(3.) Heard the learned counsel for the petitioners and the learned Public Prosecutor.