THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.3137 OF 2025

O R D E R:

This Criminal Petition is filed by petitioners/accused Nos.2 and 3 seeking to quash the proceedings against them in C.C.No.7566 of 2021 on the file of the learned X Additional Junior Civil Judge-cum-XXX Metropolitan Magistrate, Cyberabad, at L.B.Nagar (for short, “the trial Court”) for the offences punishable under Sections 323, 341, 384, 427 r/w 34 I.P.C.

2. Heard Ms.Madhavi Priya Manthena, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State.

3. The brief facts of the case are that on 25.09.2021, respondent No.2/de facto complainant filed a report stating that he was working as the Driver of DCM B.No.AP11V 6691, belonging to one Md.Imran; that he was transporting Beef waste material from Bahadurpura slaughter house to Changicherla slaughter house with a gap of two (2) to three (3) days; that on 25.09.2021, respondent No.2, loaded the said material in the DCM to unload at Changicherla slaughter house; that when respondent No.2 reached Durga Servicing Centre, Mandamallamma ‘X’ Road, Karmanghat, it is stated that some unknown persons wrongfully restrained the DCM stating that some bad smell was coming out of it and asked him to show the material in it; that when respondent No.2 was about to show the same, some unknown persons beat him with hands without any valid reasons and caused damage to the right side door glass and left side mirror of the DCM. It is also stated that the said persons took the xerox copy of his driving license, original PAN card and Voter ID Card. Upon investigation, it was noticed that they were Chandrasekhar, Prudvi, M.Jeevan, Ajay, Aravind Reddy, Naresh, Vishnuvardhan Reddy, Dinesh and others. Basing on the said facts the present crime is registered.

4. Learned counsel for the petitioners submits that, after the Ganesh immersion procession, petitioners were returning home and that neither they had knowledge about respondent No.2, nor his vehicle carrying beef; that the ingredients as culled out under Sections 323, 341, 427 r/w 34 I.P.C. are not attracted in the case on hand and the petitioners are falsely implicated in the present crime for no fault of them. Therefore, she submits that continuation of impugned proceedings is abuse of process of law and seeks to allow the Criminal Petition.

5. Learned Assistant Public Prosecutor contends that unless and until trial is conducted, the truth will not come to light.

Therefore, he seeks to dismiss this Criminal Petition.

6. It is pertinent to note that Section 323 of I.P.C. deals with punishment for voluntarily causing Hurt; whoever intentionally causes physical pain, injury, disease or infirmity to another person except in cases covered by Section 334 of I.P.C., can be punished under this section. The punishment includes imprisonment for up to one year, a fine of up to one thousand rupees, or both.

7. Section 341 I.P.C. deals with the offence of wrongful restraint. It states that whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. Wrongful restraint means restricting someone's movement in a particular direction where they have a right to proceed.

8. Section 427 of I.P.C. deals with “Mischief”. Whoever commits Mischief and causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

9. Section 384 of I.P.C. deals with the offense of Extortion and prescribes the punishment for it. Extortion, as defined in Section 383, involves intentionally putting a person in fear of injury and thereby dishonestly inducing them to deliver property or valuables. The punishment for extortion under Section 384 is imprisonment for up to three years, a fine, or both.