The court emphasized the need for trial to ascertain the truth of the allegations and held that the mere fact that the stone used in the alleged offense was not seized is not a valid ground for quashing the charge-sheet.

JUDGMENT

Cheekati Manavendranath Roy, J. - This Criminal Petition under Section 482 Cr.P.C. is filed seeking quash of charge-sheet in C.C.No.19 of 2020 on the file of the III additional Judicial Magistrate of First Class, Tirupati.

2. Heard learned counsel for the petitioner and learned additional Public Prosecutor for the 1st respondent State and learned counsel for the 2nd respondent de facto complainant.

3. The petitioner is a-1 in C.C.No.19 of 2020 on the file of the III additional Judicial Magistrate of First Class, Tirupati. On a report lodged by the 2nd respondent that the petitioner and other accused have caused damage to his vehicle and threatened him with dire-consequences, a case under Sections 427 and 506 of IPC was registered against them. The crime was investigated. Eventually having found prima facie evidence against the petitioner and other accused regarding the complicity of the petitioner in commission of the said offences, the Investigating Officer has filed charge-sheet against the accused in the trial Court. The said case is now pending trial before the trial Court.

4. Learned counsel for the petitioner would submit that the allegation regarding commission of offence under Section 427 of IPC is that the accused have thrown stone against the bike of the de facto complainant and caused damage to the said bike and no such stone was seized by the Investigating Officer and as such, no offence under Section 427 of IPC was made out against the petitioner. as regards the offence under Section 506 of IPC is concerned, it is contended that no such allegation regarding commission of offence under Section 506 of IPC was made and as such, no such offence is also made out against the petitioner. Therefore, on the aforesaid grounds the petitioner sought quash of the charge-sheet filed against him.

5. as already noticed supra, the crime was registered and after collecting prima facie evidence against the petitioner and other accused in proof of complicity of the accused in commission of the said offence, charge-sheet has been filed against them. Therefore, the matter requires trial to ascertain the truth or otherwise of the allegations made against the petitioner in the said case. It is for the trial Court to appreciate the evidence that may be adduced by the prosecution against the petitioner in the final adjudication of the case and decide the culpability or otherwise of the accused in commission of the aforesaid offences. The mere fact that the stone with which the petitioner and other accused alleged to have caused damage to the vehicle was not seized, by itself is not a valid ground for quash of the charge-sheet. It is a matter pertaining to appreciation of evidence in the final adjudication of the said case. Further, there is allegation stating that the accused have threatened the de facto complainant with dire-consequences. Therefore, the facts of the case clearly constitute the offences punishable under Sections 427 and 506 of IPC. There are no valid legal grounds emanating from the record warranting interference of this Court in exercise of its inherent powers under Section 482 Cr.P.C. to quash the charge-sheet.

6. Resultantly, the Criminal Petition is dismissed.

7. Miscellaneous Petitions, if any pending in this Criminal Petition, shall stand closed.