CHARUKONDA SHANKAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is the sole accused in C.C.No.2428 of 2017 on the file of the VIII Metropolitan Magistrate, Rajendranagar, which is outcome of Crime No.597 of 2017 of the Station House Officer, RGI Airport Police Station, dated 16.09.2017, for the offences punishable under Sections 427, 448 and 510 IPC. The police after investigation filed the charge sheet against the petitioner as sole accused by citing 9 witnesses including the two Investigating Officers (LWs.8 and 9) and the II Additional Junior Civil Judge, Cyberabad at Rajendranagar (LW.7), who recorded Section 164 Cr.P.C. statement of LW.4- C.Vidyawathi, the mother of the accused and grandmother of the de facto complainant besides de facto complainant-LW.1, neighboursLWs.2 and 3 and scene observation panch witnesses-LWs.5 and 6. The learned Magistrate there from taken cognizance for the offences supra besides for the offences punishable under Sections 468 and 471 IPC, from the said police final report mentioning those penal sections. It is the same after appearance of the accused impugnment herein in seeking to quash the said cognizance order of the calendar case proceedings supra.

(2.) Heard learned counsel for the petitioner and learned counsel for the 2nd respondent-de facto complainant and the learned Public Prosecutor, representing the 1st respondent-State, and perused the grounds in the quash petition vis- -vis the other material on record.

(3.) So far as the offence under Section 427 IPC taken cognizance by the learned Magistrate concerned, it is on the ground of house building was totally uprooted by dismantling, causing loss of above Rs.50/-, which is the offence of mischief punishable under Section 427 IPC.