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2021 Supreme(AP) 55

A.V.SESHA SAI
Padi Venkateswarlu, S/o Brahmaiah, R/o Balijapalli, Rajupalem Mandal – Appellant
Versus
State of A. P. Rep. by its Public Prosecutor, High Court of A. P. , Hyderabad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri Sreekanth Reddy Ambati.
For the Respondent: Sri S.V.Sainath, Sri Venkateswarlu Posani.

ORDER :

In the present Criminal Petition, filed under Section 482 Cr.P.C., petitioners, who are the accused in Cr.No.140 of 2013 of Rajupalem Police Station, Guntur, are praying for quashment of the First Information Report registered against them for the alleged offences under Section 306 r/w 34 IPC.

2. Heard both sides and perused the entire material available on record.

3. Though, initially, the First Information Report came to be registered under Section 174 Cr.P.C., subsequently, the same had been altered by incorporating Sections 306 r/w 34 IPC.

4. According to the learned counsel for the petitioners, the very registration of the crime under the said provisions of law is a patent abuse of process of law. In elaboration, it is further contended that there are absolutely no ingredients of the above Sections of law in the entire complaint, as such, continuation of proceedings against the petitioners herein is impermissible.

5. In support of his submissions and contentions, learned counsel for the petitioners places reliance on the following judgments:

    (1) 2002 (1) ALD (Crl) 812

(2) (2010) 1 SCC 750

(3) (2010) 8 SCC 628

(4) (2010) 12 SCC 190

(5) (1992) AIR SC 604

6. On the contrary, vehemen

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