KIRANREDDY ANUMANDLA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner-accused to quash the order dtd. 17/2/2023 in Crl.M.P.No.60 of 2023 passed by the Principal District and Sessions Judge at Jangaon.

(2.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent No.1 - State.

(3.) The petitioner - accused was arrested by Station House Officer, Raghunathpalli Police Station, Jangoan, and he was taken for remand before the Principal Junior Civil Judge cum Judicial Magistrate of I Class, Jangoan on 4/2/2023. The learned Magistrate found that there are no allegations in the complaint against the accused which are punishable under Sec. 386 of Indian Penal Code (for short 'IPC'), since there was no extortion by the accused by putting a person in fear of death or of grievous injury. The learned Magistrate further found that the incident happened in a public place and the accused did not carry any weapon with him that is likely to put the complainant under fear. In the said circumstances, the offences that are likely to be attracted are offences under Ss. 506 and 384 of IPC and not Sec. 386 of IPC. Having found that no offence is made out under Sec. 386 of IPC against the accused, the learned Magistrate refused to remand the accused and set the accused at liberty on furnishing personal bond for Rs.10,000.00 and also directed to follow procedure under Sec. 41-A of Cr.P.C.