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2017 Supreme(AP) 9

T.SUNIL CHOWDARY
Bypu Subbarao – Appellant
Versus
Dasari Sudhakar Babu @ Sudhakar and The State of Andhra Pradesh, Represented by its Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Challa Ajay Kumar.
For the Respondents: Pappu Nageswara Rao and T. Lakshmi Padmaja.

JUDGMENT :

1. This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. assailing the order dated 17.1.2013 in Crl. M.P. No. 2715 of 2011 rejecting the prayer of the petitioner to discharge him for the offence under Section 326 IPC in C.C. No. 865 of 2010 on the file of the Court of Chief Metropolitan Magistrate, Vijayawada, Krishna District.

2. The facts leading to filing of the criminal revision case are succinctly as follows: The first respondent filed complaint under Section 200 Cr.P.C., on the file of the Court of Chief Metropolitan Magistrate, Vijayawada against the petitioner for the offence punishable under Section 326 IPC. On behalf of the complainant, P.Ws.1 to 7 were examined and Exs.P1 to P8 were marked. Basing on the oral and documentary evidence available on record, the trial Court arrived at a conclusion that the material placed before it is prima facie sufficient to proceed against the petitioner and had taken cognizance of offence under Section 326 IPC and numbered the complaint as C.C. No. 865 of 2010. The petitioner filed petition under Section 245 Cr.P.C., for discharge and the same was dismissed. Hence, the criminal revision case.

3. Sri Challa Ajay











































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