VIJAYA ANAND REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Challenge in this criminal revision case is to the order dtd. 1/4/2024 passed in Crl.M.P.No.407 of 2023 in C.C.No.1304 of 2014 passed by the learned III Additional Chief Metropolitan Magistrate, Hyderabad, wherein and whereby the petition filed by the petitioner / accused No.2 under Sec. 239 Cr.P.C, seeking discharge, was dismissed.

(2.) The factual matrix was that basing on a complaint lodged by the de facto complainant under Sec. 200 Cr.P.C. on 29/4/2013 alleging medical negligence in respect of the treatment resulting in death of his mother on 12/11/2009, the police filed charge sheet against the petitioner for the offences punishable under Ss. 418, 420, 304(A) and 120(B) of IPC. Seeking to discharge him from the said offences, the petitioner filed petition under Sec. 239 Cr.P.C. before the learned trial Court, contending that there was no prima facie case against the petitioner / A.2, there was inordinate delay in filing the complaint; that the ingredients of the offences alleged against him do not attract to the facts and circumstances of the case against the petitioner.

(3.) The learned trial Court overruled the contentions raised by the petitioner / A.2 holding that Sec. 473 Cr.P.C has overriding effect on Sec. 468 Cr.P.C in applying the rule of limitation in filing the complaint and that whether the petitioner has committed the offences alleged against him will come to light only upon conducting a full fledged trial and accordingly dismissed the petition filed by the petitioner. The learned trial Court further observed that at the stage of consideration of an application for discharge, the Court has to proceed with the assumption that the material brought on record by the prosecution is true and evaluate the material in order to determine whether the facts emerging from the material, taken on its face value, disclose the existence of the ingredients necessary to constitute the offence alleged and also on the ground that the court has already taken cognizance of the alleged offences and numbered the charge sheet. As stated supra, challenging the said order of dismissal dtd. 1/4/2024, the petitioner filed the present criminal revision case under Sec. 397 r/w 401 of Cr.P.C.