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2004 Supreme(AP) 1148

C.Y.SOMAYAJULU
Md. Ibrahim – Appellant
Versus
State Of A. P. – Respondent


O R D E R

This petition is filed to quash the proceedings in STC No. 134 of 2004 on the file of the Court of II Additional Judicial Magistrate of First Class, Bheemavaram, West Godavari District.

2. On the basis of a common report made by the petitioners to him, the SI of Police, I Town PS, Bheemavaram, registered a case in Cr.No.219 of 2000 under Sections 420, 384, 506(2) IPC and after investigation, laid charge sheet against one Cheerala Venkatarathana Reddy, which was taken cognizance as C.C.No.47 of 2001 by the II Additional Judicial Magistrate of First Class, Bheemavaram. Petitioners, who were cited as PWs.1 to 7, in the said CC No.47 of 2001, did not support the prosecution case, and were treated as hostile witnesses and denied their having made statements as in Exs.P.2 to P.6 recorded by the police under Section 161 Cr.P.C. Learned Magistrate while disposing of the said C.C. observed as under:

“Before parting with the Judgment, I am constrained to hold that PWs.1 to 7 being the public servants, working in the cadre of hostel Welfare Officers intentionally and knowingly gave false evidence on oath and it is most unbecoming conduct on their part. Due to unbecoming conduct of











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