B.TIRUPATHI REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Petition is filed, under Section 482 of Cr.P.C., to expunge the unsavory comments made against the petitioner in the order, dated 21.01.2020 passed in Crl.M.P.No.1 of 2019 in S.C.No.68 of 2016 on the file of the Principal Sessions Judge, Khammam.

(2.) The brief facts of the case are that a case in Crime No.254 of 2013 was registered by the Police, Mudigonda Police Station, for the offences punishable under Sections 304-A and 337 of I.P.C. Initially P.W.33-Sub-Inspector of Police conducted investigation in the above crime and he recorded the statements of L.Ws.1 to 5. Subsequently, the petitioner-Inspector of Police took over the investigation from P.W.33. Since it is a case of murder, P.W.33, after obtaining instructions from the petitioner, filed a Memo for alteration of Section of law before the learned Magistrate and altered the Sections from 304-A and 337 of I.P.C. to Sections 302, 307, 120-B and 201 read with Section 34 of I.P.C. Thereafter, the petitioner, after completion of investigation, filed charge sheet in the case. After filing of charge sheet and commencement of trial, the petitioner having realized that Section 161 Cr.P.C. statements of the witnesses recorded by P.W.33 i.e., L.Ws.1 to 6 were not part of the record, filed Crl.M.P.No.1 of 2019 in S.C.No.68 of 2016 before the Principal Sessions Judge, Khammam, seeking permission to file the said 161 Cr.P.C. statements of L.Ws.1 to 6. The learned Sessions Judge, by order dated 21.01.20220, allowed the said petition permitting the prosecution to bring on record the statements of L.Ws.1 to 6. However, the learned Sessions Judge made certain comments against the petitioner herein that there is gross indifference and negligence on the part of the petitioner-Inspector of Police in dealing with serious offence of murder and imposed costs of Rs.10,000/- on the petitioner and also issued a direction to the Commissioner of Police, Khammam, for initiating appropriate action against the petitioner herein. Aggrieved by the same, the petitionerInspector of Police filed the present Criminal Petition.

(3.) Heard learned Counsel for the Petitioner and learned Additional Public Prosecutor.