T JAYAPRAKASH REDDY Vs. P. LAXMA REDDY

JUDGEMENT

(1.) This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioners/A1 to A15, to quash the proceedings in C.C.No.37 of 2019 on the file of the Special Sessions Judge for MP and MLA Court at Hyderabad, wherein charges are framed for the offences punishable under Sections 142, 143, 341 and 188 read with 149 of IPC.

(2.) Heard the learned counsel for the petitioners/A1 to A15, the learned Public Prosecutor for the State/respondents and perused the record.

(3.) Learned counsel for the petitioners would submit that no requisite complaint is filed as required under Section 195(1)(a)(i) of Cr.P.C. to take cognizance for the offence punishable under Section 188 of IPC. Furthermore, there is no material at all and there are no ingredients to constitute the offences punishable under Sections 142, 143, 341 and 188 read with 149 of IPC. The Court below erroneously framed charges against the petitioners/A1 to A15 for the offences punishable under Sections 142, 143, 341 and 188 read with 149 of IPC. The persons, whose vehicles were wrongfully restrained, were not examined. The learned counsel relied on the decision of this Court in Kodela Siva Prasad Rao v. Koritala Venkata Ramanaiah , 2006 3 ALT(Cri) 495 and ultimately, prayed to quash the proceedings against the petitioners in C.C.No.37 of 2019 pending on the file of the Special Sessions Judge for MP and MLA Court at Hyderabad.