Sri Ch. Sampath

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CC No. 413 of 2014

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS

:: ANDOLE AT JOGIPET.

Present : Sri Sampath Challuri,

Judicial Magistrate of First Class,

Andole at Jogipet.

Wednesday, the 17 th day of November, 2021.

C.C.No. 413 OF 2014

Between:-

The State of Telangana through SHO, Tekmal Police Station.

...Complainant

A N D

Nenavath Manohar S/o Harilal, Aged: 30 years, Caste: ST (Lambada), Occ: Coolie, R/o Kadulur Thanda, H/o Kadulur village of Tekmal Mandal. ….Accused

This case is coming for final hearing before me in the presence of learned Assistant Public Prosecutor for prosecution and of Sri M. Lingamaiah, learned Advocate for Accused, upon hearing them and on perusing the record available, having stood over for consideration, this court delivered the following:-

-: J U D G M E N T :-

1.The Station House Officer, Tekmal Police Station has filed the charge sheet in

Cr.No. 68 of 2014 for the offence punishable U/Secs. 457 and 380 of IPC against the accused.

2.The case of the prosecution, in brief, is that on 16.08.2014 at 09.00 hrs, defacto complainant/LW-1 namely Vadla Ravinder came to P.S. and filed a report, stating that on 16.08.2014 at morning 06.00 hours, he received telephonic information from

Lw2/Nenavath Narsing that one Nenavath Manohar/accused committed theft in the primary school and caught hold the accused. Immediately, he rushed there and found that the school doors opened and one nut bolt also opened which is fixed to the doors, the Biruva is opened and one 50 kgs rice bag was missing, out of three 50 kgs bags.

The accused committed theft of one 50 kgs rice bag, therefore he requested necessary action.

JMFC, Andole at Jogipet.

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CC No. 413 of 2014

3.Based on the complaint, LW-8 registered a case in Cr.No. 68/2014, U/Sec.

457,380 IPC and took up investigation. During the course of the investigation, he examined and recorded the statement of LW-1. Further Lw8 visited the scene of offence situated at the Primary school of Kadulur Thanda and conducted a scene of offence pannchanama and drew a rough sketch in the presence of Lw4 and Lw5.

Then, Lw8 examined and recorded the statements of LW2 and LW3. Later Lw8 apprehended the accused on interrogation, he confessed his guilt of the offence and seized 50 kgs rice bag, hence he was brought to P.S along with case property and issued an arrest memo and sent for judicial remand. After completion of the entire investigation, he filed the charge sheet against the accused.

4.After the filing of the charge sheet, this court took cognizance of the offence

U/Secs. 457, 380 of IPC against the accused.

5.On the appearance of the accused, the copies of all the documents were furnished to him as required under Section 207 Cr.P.C. The accused was examined

U/s 239 Cr. P.C and after hearing both sides the charges u/Sec. 457, 380 of IPC has been framed against the accused he was examined, read over and explained to him in his vernacular languages for which he pleaded not guilty and claimed to be tried.

6.To prove its case, the prosecution examined PW1 only and got marked Ex.P1.

LW1/de facto complainant was examined as PW1. The learned APPO has given up the evidence of LW-2 to LW9.

7.After the closure of prosecution evidence, the examination under Section 313

Cr.P.C. is dispensed with as there is no incriminating evidence appearing in the case of the prosecution.

JMFC, Andole at Jogipet.

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CC No. 413 of 2014

8.Heard the arguments of Learned APPO and Learned counsel for the accused persons.

9.Now the point for determination is:-

Whether the prosecution has proved the guilt of the accused for the offence punishable U/Secs. 457, 380 of IPC beyond all reasonable doubt?

POINT:-

10.The case of the prosecution is that the accused broke open the school door of the Primary school of Kadurur Thanda and committed theft of one 50 kgs rice bag.

Hence, the charge.

11.Defacto complainant who set the criminal law into motion by presenting the report to police, examined as PW1. He deposed that in the year 2014 there was one theft of some rice in his school, the same is informed by some villagers, he also informed to his higher officials. As per the instructions, he complained to the police except this he does not know anything about this case. Police never examined and did not record his statement. During the cross-examination, he deposed that he cannot say how much rice was committed theft by the accused. He admitted that he does not know who committed theft. He has not seen the accused even after the incident also.

Someone told the name of the accused. He admitted that he came to know that the accused is a mentally disordered person in the year 2014. He admitted that the said rice bag is found out in school rooms only. Because of the evidence of PW1, the learned APPO given up the evidence of LW2 to Lw9.

12.On scrutiny of the evidence of PW1 he deposed that he can not say how much rice was committed theft and also he does not know who committed theft. From this, it

JMFC, Andole at Jogipet.

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CC No. 413 of 2014

is clear that PW1 is not an eyewitness. PW1 also admitted that said rice bag was found in the schoolroom only. The evidence on record shows that there is no incriminating evidence available against the accused. In these circumstances with no other alternative except hold that the prosecution has failed to prove its case beyond all reasonable doubt.

13.For the foregoing reasons, absolutely there is no material against the accused in proving the ingredients of Section 457, 380 of IPC. Therefore, the accused is entitled to acquittal.

14.In the result, the accused is found not guilty for offences U/Secs. 457, 380 of

IPC and accordingly he is acquitted U/Sec. 248 (1) Cr.P.C. for the said offence. The bail bonds of the accused shall stand discharged, after the expiry of six months as contemplated U/Sec. 437-A Cr.P.C. The unmarked case property, if any shall be destroyed after the expiry of the appeal period.

Typed to my dictation by the Stenographer, corrected and pronounced by me in the open court on this the 17 th day of November, 2021.

JUDICIAL MAGISTRATE OF FIRST CLASS,

ANDOLE AT JOGIPET.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION: FOR DEFENCE:

PW1 : V. Ravinder -None-

JMFC, Andole at Jogipet.

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CC No. 413 of 2014

EXHIBITS MARKED

FOR PROSECUTION:

Ex.P1 : Complaint

FOR DEFENCE:

-- NIL –

MATERIAL OBJECTS MARKED

-- NIL --

JUDICIAL MAGISTRATE OF FIRST CLASS,

ANDOLE AT JOGIPET.

JMFC, Andole at Jogipet.

TSSN060003122020

Presented on : 25-08-2020 Registered on : 25-08-2020 Decided on : 17-11-2021 Duration : 1 years, 2 months, 23 days

IN THE COURT OF

Junior Civil Judge-cum- Judicial Magistrate of First Class, Andole at jogipet

MC/5/2020

Exhibit No. (PROSECUTION): Baikadi Shobha Through Police Station Officer , R/o H.No. 1-9, Gorrekal Village, Vatpally Mandal, Sangareddy District at present R/o Marvelly Village, Vatpally Mandal, Sangareddy District.

ANDOLE MEDAK

2: Baikadi Madhu Age: 6 Occupation : R/o H.No. 1-9 Gorrekal Village Vatpally Mandal Sangareddy District at present R/o Marvelly Village Vatpally Mandal Sangareddy District.

3: Baikadi Sathwick Age: 6 Occupation : R/o H.No. 1-9 Gorrekal Village Vatpally Mandal Sangareddy District at present R/o Marvelly Village Vatpally Mandal Sangareddy District

Baikadi Shobha VERSUS : Baikadi Samuel Age: 40 Occupation : R/o H.No. 1-9, Gorrekal Village, of Vatpally Mandal, Sangareddy District.

----------------------------------------------------------------------------- APP for State }: PJ. Vittal reddy,,

Advocate for appearing for Baikadi Samuel Advocate appearing for , respectively. -----------------------------------------------------------------------------

Offence punishable under : 125Cr.P.C. of CODE OF CRIMINAL

PROCEDURE,

ORDER

In the result, the petition is allowed partly. The respondent is directed to pay an amount of Rs.9,000/-(Rupees nine thousand only) to the petitioner No.1 per month from the date of petition and to pay Rs. 7,000/-(Rupees seven thousand only) per month to each petitioner No.2 and 3 from the from the date of petition, in total Rs. 23,000/- (Rupees twenty thousand only) per month. The respondent is directed to deposit the said maintenance directly in to their account. The petitioner No.1 intimate the details of her bank account to the respondent enabling him to pay the same every month on or on or before 5th of every succeeding month through on line banking. The respondent is further directed to pay the arrears of maintenance i.e., from the date of filing of this petition, in a 5 equal installments.

Date : 17-11-2021 Junior Civil Judge-cum- Judicial

Magistrate of First Class, Andole at jogipet

Dictated on :

Transcribed on : checked on : Signed on :

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TSSN060000272013

Presented on : 02-05-2013 Registered on : 02-05-2013 Decided on : 17-11-2021 Duration : 8 years, 6 months, 15 days

IN THE COURT OF

Junior Civil Judge-cum- Judicial Magistrate of First Class, Andole at jogipet

CC/209/2013

Exhibit No. (PROSECUTION): Golla Anil kumar Through Police Station Officer Siddipet Rural 12, Home guard No 245 of PS Pulkal

ANDOLE MEDAK

Golla Anil kumar VERSUS : Golla Srinivas Age: 0 Occupation : posanpet 2:Sara Sridher Age: 40 Occupation : Village Jogipet 3:Pastala Dasu Age: 25 Occupation : Village Jogipet 4:Battini Devaiah

Age: 25 Occupation : Dakur Village Andole Mandal 5:Akula Santosh Age: 25 Occupation : Village Jogipet Andole Mandal 6:Peerla raju Age: 25 Occupation : Village Dakoor Andole Mandal 7:Induru Shivaraj Age: 39 Occupation : Village Dakoor Andole Mandal 8:Chetla Durgaiah Age: 32 Occupation : Village Dakoor Andole Manda ----------------------------------------------------------------------------- APP for State }: , Advocate for appearing for Golla Srinivas Advocate , -----------------------------------------------------------------------------

Offence punishable under : 341188IPC of INDIAN PENAL CODE, of , of , of ,

JUDGMENT

(Delivered on 17-11-2021)

In the result, accused No. 1, 2,4,6 to 10 are found not guilty for offences U/Secs. 341 and 188 IPC and accordingly they are acquitted U/Sec. 248 (1) Cr.P.C. for the said offences. The bail bonds of accused No. 1, 2,4,6 to 10 shall stand discharged, after the expiry of six months as contemplated U/Sec. 437-A Cr.P.C. The unmarked case property if any shall be destroyed after the expiry of apple time.

Date : 17-11-2021 (Mr. MOHAMMAD ASADULLA

SHAREEF)Junior Civil Judge-cum-

Judicial Magistrate of First Class, Andole at jogipet

ANDOLE MEDAK

Dictated on :

Transcribed on : checked on : Signed on :

(Mr. MOHAMMAD ASADULLA SHAREEF)Junior

Civil Judge-cum- Judicial Magistrate of First Class, Andole at jogipet

ANDOLE MEDAK

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TSSN060008462020

Presented on : 03-12-2020 Registered on : 03-12-2020 Decided on : 17-11-2021 Duration : 0 years, 11 months, 14 days

IN THE COURT OF

Junior Civil Judge-cum- Judicial Magistrate of First Class, Andole at jogipet

MC/12/2020

Exhibit No. (PROSECUTION): Ambati Aruna @ Boini Aruna Through Police Station Officer , R/o 1-61, Chintalchervu village, Hathnoora Mandal, at present residing at C/o Boini Durgaiah, R/o Jogipet Town, Andole Mandal, Sangareddy District.

ANDOLE MEDAK

Ambati Aruna @ Boini Aruna VERSUS : Ambati Srishylam Age: 35 Occupation : R/o H.No. 1-61, Chintalachervu village, Hathnoora Mandal, Sangareddy District.

----------------------------------------------------------------------------- APP for State }: Mirza Shamsher Baig, Advocate for appearing for Ambati Srishylam Advocate appearing for , respectively. -----------------------------------------------------------------------------

Offence punishable under : 125Cr.P.C. of CODE OF CRIMINAL

PROCEDURE,

ORDER

In the result, the petition is allowed partly. The respondent is directed to pay an amount of Rs.9,000/-(Rupees nine thousand only) to the petitioner No.1 per month from the date of petition and to pay Rs. 7,000/-(Rupees seven thousand only) per month to each petitioner No.2 and 3 from the from the date of petition, in total Rs. 23,000/- (Rupees twenty thousand only) per month. The respondent is directed to deposit the said maintenance directly in to their account. The petitioner No.1 intimate the details of her bank account to the respondent enabling him to pay the same every month on or on or before 5th of every succeeding month through on line banking. The respondent is further directed to pay the arrears of maintenance i.e., from the date of filing of this petition, in a 5 equal installments.

Date : 17-11-2021 Junior Civil Judge-cum- Judicial

Magistrate of First Class, Andole at jogipet

ANDOLE MEDAK

Dictated on :

Transcribed on : checked on : Signed on :

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TSSN060001152019

Presented on : 06-03-2019 Registered on : 06-03-2019 Decided on : 17-11-2021 Duration : 2 years, 8 months, 11 days

IN THE COURT OF

Junior Civil Judge-cum- Judicial Magistrate of First Class, Andole at jogipet

CC/71/2019

Exhibit No. (PROSECUTION): Station House Office Ex Medak Through Police Station Officer Excise Medak 07, Station House office Ex Medak at Medak

ANDOLE MEDAK

Station House Office Ex Medak VERSUS : Edige Saya goud Age: 45 Occupation : R/o Baddaram Village of Pedda Shankarampet-A Mandal.

----------------------------------------------------------------------------- APP for State }: APP, Advocate for appearing for Edige Saya goud Advocate appearing for , respectively. -----------------------------------------------------------------------------

Offence punishable under : 34(a) of ANDHRA PRADESH EXCISE ACT, 1968, of , of , of ,

JUDGMENT

(Delivered on 17-11-2021)

IN THE RESULT, the Accused is found not guilty for the offence punishable under Section 34(a) of A.P. Excise Act and he is acquitted under Sec.248(1) of Cr.P.C. The bail bonds shall stand discharged after expiry of period of six months from the date of this Judgment. The unmarked property if any shall be destroyed after expiry of appeal time.

Date : 17-11-2021 Junior Civil Judge-cum- Judicial

Magistrate of First Class, Andole at jogipet

ANDOLE MEDAK

Dictated on :

Transcribed on : checked on : Signed on :

Junior Civil

Judge-cum- Judicial Magistrate of First Class, Andole at jogipet

ANDOLE MEDAK

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