Niyamathulla Khan vs State - 2023 Supreme(AP) 1373

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(AP) 1373

DUPPALA VENKATA RAMANA
Niyamathulla Khan – Appellant
Versus
State – Respondent

Advocates appeared:
O.Manohara Reddy, Advocate, Mangana Sree Ramarao, Advocate

JUDGMENT

1. Criminal Petition No.7731 of 2014 is filed by the Petitioners/A.1 and A.2, under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") praying to quash the proceedings against them in C.C.No.314 of 2014 on the file of the Court of Special Mobile Judicial Magistrate of First Class, Guntur, for the offences under Ss. 447 and 427 IPC.

2. Since both the criminal petitions are arising out of C.C.No.314 of 2014 and raising common questions of law, they have been heard together and are being decided by this common Order.

3. For the sake of convenience, the parties are hereinafter referred to as they are arrayed before the trial Court in C.C.No.314 of 2014.

4. A private complaint was filed by the de facto complainant on the file of Special Mobile Judicial Magistrate of First Class, Guntur against A.1 to A.4. The learned Magistrate recorded the sworn statement of the de facto complainant and one of the witnesses, namely, G.V.Subrahmanyam and eventually having found prima facie case against all the accused regarding their complicity in the commission of the said offence, took cognizance of the offence under Ss. 447 and 427 IPC and issued process of summons to A.1 t