METHAPALLI NARASIMHACHARI Vs. STATE OF A P

JUDGEMENT

(1.) This petition is filed to quash the proceedings in P.R.C. No.36 of 1995 on the file of the 9th Metropolitan Magistrate, Hyderabad. The facts of the case are that the petitioner herein was convicted earlier to suffer rigorous imprisonment for six years each by the Third Additional Metropolitan Sessions Judge, Hyderabad on 23rd June, 1995 for offences under Section 395 IPC. Thereafter, the petitioner filed an appeal against the conviction and sentence to the High Court and this Court reduced the sentence of imprisonment to the extent of his actual imprisonment in jail.

(2.) On 26-10-1994, the P.S., Anti-Dacoity Cell filed the present FIR which was numbered as Crime No.64/94 under Sections 400 and 402IPC and subsequently it was numbered as P.R.C.No.36 of 1995 on the file of the DC Metropolitan Magistrate, Hyderabad.

(3.) It is alleged by Sri S. Hari Singh, Inspector of Police, A.D. Cell, C.I.D., Hyderabad in a letter addressed to the Senior Executive Officer, C.I.D., Hyderabad that the petitioner and some others formed into a gang with the sole intention of committing dacoities. The petitioner was also closely associated with the habitual and professional dacoits. The gang was formed in the year 1986 and since then it is committing offences in various parts of the twin cities, Ranga Reddy District. Mahaboobnagar District and Warangal District. It is alleged that A-1 to A-20 including the petitioner herein were arrested on various dates and the properties in various dacoity cases were seized. Thus, they formed into a gang of dacoits and, therefore, it is requested in the letter to register a case under Sections 400 and 402 IPC against them, including the petitioner herein.