Smt P. Padmavathi

Page No.1 of 9 CC No.4 of 2022

IN THE COURT OF THE JUNIOR CIVIL JUDGE-CUM-JUDICIAL

MAGISTRATE OF FIRST CLASS AT METPALLY.

PRESENT: SMT.P.PADMAVATHI

JUNIOR CIVIL JUDGE-CUM-

JUDICIAL MAGISTRATE OF F.C.,

METPALLY.

Monday, on this the 22 nd day of August, 2022

CALENDAR CASE NO.4 OF 2022

Between: The Sub-Inspector of Police, Mallapur Police Station (Crime No.298 of 2021) ….Complainant.

And

A-1]Teku Ganga Sailu S/o.Sailu, Age:47 years, Gosangi R/o.Kammaripalli village and mandal of Nizamabad District

A-2]Teku Chiranjeevi S/o.Ganga Sailu, Age 19 years, Gosangi R/o.Kammaripalli village and mandal of Nizamabad District. ….Accused No.1 and 2.

This case is coming before me for fnal hearing on 11.08.2022 in the presence of learned Assistant Public Prosecutor for the state and of Sri M.Gangadhar, learned Advocate for the accused, having been heard and having stood over for consideration to this day the Court delivered the following :-

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

The Sub-Inspector, Mallapur Police Station fled the Charge Sheet against accused No.1 and 2 for the ofences under Sections 420 of IPC and section 7 (1) (a) (i) of Essential Commodities Act in Crime No.298 of 2021 with the following allegations:

2.The brief facts of the case are that on 14.12.2021 at 17.30 hours while Sri.A.Rajender/S.I of Police P.S.,Mallapur along with Police constabels 337 and 3495 were performing village patrolling duty at Patha Damrajpalli he observed one TATA Super Ace Mint BSIV bearing No.TS-16-UA-7364 suspiciously going towards Metpalli from Patha Damrajpalli village at

Page No.2 of 9 CC No.4 of 2022 about 18.30 hours, he found two persons along with PDS rice in the said vehicle. Then he stopped the said vehicle and caught hold them. During the interrogation, he secured the presence of two mediators, the accused disclosed their names as Teku Ganga Sailu/A1 is the owner of said vehicle and Teku Chiranjeevi/A2 is the driver of said vehicle and further confessed that they purchased PDS rice at Patha Damrajpally village from the innocent public for Rs.5/- per KG and the same was sold to needy persons at Nizamabad town and other places for Rs.15/- per K.G. Accordingly, he recorded the confession and recovery panchanama of the accused No.1 and 2 in the presence of two mediators and seized (17) quintals of PDS rice and TATA Super Ace Mint BSIV bearing No.TS-16-UA-7364 and brought the accused along with seized property to the P.S at 20.20 hours.

Basing on the above confession and recovery panchanama, he registered a suo-motto case in Crime No.298/2021 under sections 420 of

IPC and section 7 (1) (a) (i) of Essential Commodities Act and took up the investigation.

During the course of investigation, LW-5 examined and recorded the statements of LW-1/PC 337 and LW-2/PC-3495. Later, he served 41-A

Cr.PC notice on the accused No.1 and 2. LW-5 fled a requisition to the

District Civil Supply ofcer, Jagtial to take seized PDS rice wg about 17 quintals and collected the receipt to that efect. After completion of investigation, Lw-5 fled charge sheet against the accused for the ofence under section 420 of IPC and section 7 (1) (a) (i) of Essential Commodities

Act.

Page No.3 of 9 CC No.4 of 2022

4.This case was taken on fle against the accused for the ofences under Section 420 of IPC and section 7 (1) (a) (i) of Essential Commodities

Act

5.On appearance of the accused, copies of the documents relied upon by the prosecution was furnished to them as provided under Section 207

Cr.P.C.

6. The Accused No.1 & 2 were examined under Section 239 of Cr.P.C., by explaining the charge sheet allegations. They pleaded not guilty. Hence charges framed under Section 420 of IPC and section 7 (1) (a) (i) of

Essential Commodities Act against the accused read over and explained to them in Telugu to which they denied charges and claimed to be tried.

Accordingly the matter was posted for trial.

7.To prove its case, prosecution examined Pws.1 to 4 and got marked Ex.P.1 to Ex.P.5 and no material objects were marked.

8.After closure of prosecution evidence, the accused were examined under Section 313 of Cr.P.C., with reference to the incriminating evidence found against them in the testimony of the prosecution witnesses. They denied prosecution evidence and reported that no evidence on their behalf.

9.Heard both sides.

The learned APP argued that the Police ofcials supported the case of the prosecution, hence the prosecution proved the guilt of the accused

Page No.4 of 9 CC No.4 of 2022 beyond all reasonable doubt and as such and the accused are liable for conviction.

On the other hand, the learned counsel for the accused argued that the panch witness for the confession and seizure panchanama are turned hostile and did not support the case of the prosecution as such, the prosecution failed to prove the seizure of the property from the possession of the accused. The remaining witnesses are Police personnel.

He further argued that the accused never committed ofence and hence he requested the Court to acquit the accused as the prosecution failed to prove the guilt of the accused beyond reasonable doubt

10.Now the point for consideration is:

Whether the prosecution has proved the guilt of accused for the ofence under Section 420 of IPC and section 7 (1) (a) (i) of Essential Commodities Act beyond all reasonable doubt?

POINT:-

11. The prosecution case is that on 14.12.2021 at 17:30 hours accused

No.1 and 2 loaded PDS rice wg about 17 quintals in the TATA Super Ace

Mint BSIV bearing No.TS-16-UA-7364 and the said PDS rice was purchased from innocent people of Patha Damrajpalli village per Kg Rs.5/- and to sell the same to needy persons at Nizamabad town at the rate of Rs.15/-per

Kg and when the said vehicle going towards Metpally from Patha

Dhamrajpalli village at 18.30 hours the Police party apprehended the accused and thereby accused committed ofences punishable under section 420 of IPC and section 7 (1) (a) (i) of Essential Commodities Act.

Page No.5 of 9 CC No.4 of 2022

12. To substantiate its case, the prosecution has examined Pws.1 to 4 and got marked Ex.P-1 to Ex.P-5. PW-1 and 2 are the panch witness for the confession and recovery panchanama. PW-3 is the Police constable of

Police who apprehended the accused. PW-4 is the SI of Police and the

Investigating ofcer.

13. This Court perused the evidence of PW-4 namely A.Rajender/Sub-

Inspector of Police, Mallapur P.S.,. He deposed that on 14.12.2021 at 1730 hours himself and PW-3 and LW-1/PC-337 were performing patrolling duty at Kotha Dhamarajpalli village, they found one suspicious vehicle. Then, they stopped the said vehicle bearing No.TS16UA7364. On search, they found 17 quintals of PDS rice and two persons in that vehicle. On enquiry, they came to know that the accused No.1 name is Teku Gangasailu and the accused No.2 name is Teku Chiranjeevi. Then they secured two panch witnesses and conducted the confession and recovery panchanama in the presence of Pws.1 and 2 and thereafter, they brought the accused along with seized vehicle containing PDS rice to the PS and registered a suo- motto case and issued 41-A Cr.PC notices on the accused No.1 and 2. On 15.12.2021 he send requisition to the Civil Supply ofcer at Metpally to receive the PDS rice. As the accused No.1 was not complied 41-A Cr.PC notice, he arrested the accused No.1 and sent him to the Court for Judicial remand. On 18.12.2021 he obtained a receipt from Civil Supply ofcer showing that they received 17 quintals of PDS rice. After completion of investigation, he fled charge sheet against the accused No.1 and 2.

Page No.6 of 9 CC No.4 of 2022

Ex.P3 is the confession-cum-seizure panchanama. Ex.P4 is the First

Information Report. Ex.P5 is the receipt obtained from Civil Supply ofce,

Metpally.

The prosecution further examined the Police constable namely

B.Suresh/PC No.3495 of PS Mallapur as PW-3 who accompanied with PW-4.

He deposed that on 14.12.2021 at about 6.30 p.m while himself, LW-1 conducting vehicle checking along with PW-4/SI of Police, they found one

Auto bearing No.AP-16-UA-7364 and found 17 quintals of PDS rice.

Thereafter, PW-4 conducted confession-cum-recovery panchanama in the presence of Pws.1 and 2. Thereafter, they brought the accused No.1 & 2 along with Auto loaded with PDS rice to the PS.

14.The prosecution further examined the panch witnesses for the confession-cum-seizure panchanama namely Yama Naveen/LW-2 and

Kaluva Raju/LW-3 as PW-1 & PW-2. They deposed that they do not know the case facts. They further categorically deposed that the police never conducted any confession panchanama in their presence and nothing was seized from the possession of the accused No.1 and 2. PW1 stated that on one day, the Police stopped him at Dhamrajpalli vilage and obtained his signature on some papers without disclosing anything. Ex.P1 is signature of PW-1 on the confession-cum-seizure panchanama. PW-2 stated that on one day, the Police called him to Mallapur Police station and obtained his signature on some white paper without disclosing anything. Ex.P2 is signature of PW-2 on the confession-cum-seizure panchanama.

Page No.7 of 9 CC No.4 of 2022

15.As the panch witnesses not supported the case of the prosecution, the seizure of the PDS rice not proved by the prosecution. Hence, the prosecution failed to prove the seizure of PDS rice from the possession of the accused beyond reasonable doubt.

16.The counsel for the accused cross-examined PWs-3 and 4 and elicited that there were no logos on the Bags showing that they are PDS rice. Further the counsel for accused elicited that PW-4 did not weigh the

PDS rice at the scene of ofence as such, the seizure of 17 quintals of PDS rice is not believable. Even though prosecution case is that the accused collected and purchased PDS rice from the villagers of Patha Damrajpalli village, PW-4 stated that he did not made any enquiry with regard to know that from whom the PDS rice was collected by the accused. No villager of

Patha Damrajpalli examined or enquired by the police to know the facts that the accused purchased PDS rice from the villagers or not.

17.It is well settled law that confession made before the Police ofcer is not admissible in view of section 25 of Indian Evidence Act and the seizure of the PDS rice is not proved by the prosecution. The prosecution did not examine any person of MSL point or any person belongs to Revenue

Department to prove that they handed over 17 quintals of PDS rice to them. PW-4 also admitted that there is no signature on Ex.P-5 i.e, receipt obtained from Civil supply offce Metpalli who delivered that PDS rice to

Godown ofcer.

Page No.8 of 9 CC No.4 of 2022

18.Under these circumstances, as only the police ofcials supported the case and the panch for seizure panchanama turned hostile, prosecution failed to prove the seizure of the PDS rice from the accused.

Hence, in these circumstances and due to the above reasons, it is cumulatively concluded that, it is unsafe to rely upon sole testimony of

Police ofcials only in the absence of mediators evidence. The ingredients of section 420 IPC is not attracting to this case. Thereby, it is concluded that the accused No.1 and 2 entitled for the beneft of doubt for the ofence under Sections 420 of IPC and section 7 (1) (a) (i) of Essential

Commodities Act. Accordingly, the point is answered.

19. In the result, the Accused No.1 and 2 are found not guilty for the ofences punishable under section 420 of IPC and section 7 (1) (a) (i) of

Essential Commodities Actand he is acquitted U/Sec.248(1) Cr.P.C. for the above said charges. The Bail bonds of the accused shall stand cancelled after expiry of appeal time. The unmarked property TATA Super Ace Mint

BSIV bearing No.TS-16-UA-7364 which was given to its owner for interim custody vide Crl.MP.No.1217/2021 dated 21.12.2021 is hereby made absolute.

Typed to my dictation by the Stenographer Gr-III directly on Computer, corrected and pronounced by me in the open court on this the 22nd day of August, 2022.

Junior Civil Judge-cum-

Judicial Magistrate of First Class,

Metpally.

Page No.9 of 9 CC No.4 of 2022

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR THE PROSECUTION: FOR THE DEFENCE : NIL

PW-1 Kaluva Raju (Panch witness for Confession and seizure panchanama) PW-2 Yama Naveen Kumar (Panch witness for Confession and seizure panchanama) PW-3 B.Suresh/PC-3495 PW-4 A.Rajender (Sub-Inspector of Police PS Mallapur)

EXHIBITS MARKED

FOR THE PROSECUTION:

Ex.P1 is the signature of PW-1 in the confession and seizure panchanama Ex.P2 is the signature of PW-1 in the confession and seizure panchanama Ex.P3 is the confession-cum-seizure panchanama. Ex.P4 is the First Information Report. Ex.P5 is the receipt obtained from Civil Supply ofce, Metpally.

FOR THE DEFENCE

---NIL--- M.Os MARKED -NIL-

Junior Civil Judge-cum-

Judicial Magistrate of First Class,

Metpally.

IN THE COURT OF JUDICIAL MAGISTRATE OF F.C :: AT ::

METPALLY

PRESENT : SRMT. P.PADMAVATHI

Judicial Magistrate of F.C. At: Metpalli

DATED THIS THE 13thDAY OF AUGUST , 2022

CC.No. 53/2021

Between:- SHO PS. Metpally ….Complainant AND

1) Thatikonda Rama Krishna Address - Padmashali,R/o Dubbawada,Metpalli. Advocate - GANGADHAR MANNE

2) Eppa Linga Reddy Gonekapu,R/o Dharmaram,v/o Korutla mandal.

3) Jetti Prashanth Munnurukapu,R/o Dubbawada,R/o Metpalli.

4) Korutla Raj Kumar Mangali,R/o Dubbawada r/o Metpalli.

....Accused

O R D E R

Both side parties are present identified by PC No.1165PS Metpally comromise memo filed

before the Lok -Adalath Compromise is rerecorded. Hence the accused are Acquitted

U/sec.320(8) of crpc for the offence u/sec.323 r/ w 34 IPC Accordingly this case is disposed off in Lok Adalath.

Sd/-

Judicial Magistrate F.C

Metpalli

IN THE COURT OF THE Junior Civil Judge: METPALLY

Present: Sri. Arun Kumar Naram, Junior Civil Judge,

METPALLY .

22-08-2022

OS/34/2021

TSJI040001982021

Between:-

Masam Jalandhar Address: H.No. 1-8-291/1, Adarshanager, Near Krishnaveni Talen School, Metpally … Plaintiff/Petitioner

AND

Masam Ganga Reddy Address: H.No. 1-8-291/1, Adarshanagar, Near Krishnaveni Talent School, Metpally proper and Mandal Dist. Jagtial 2:Masam Veena Age: 0 Occupation :

3:Arigela Ramesh Age: 25 Occupation :

4:Gottipadtjhala GAngadhar Age: 45 Occupation … Defendent/Respondent

DOCKET ORDER

IA /22 is allowed Memo filed by this counsel of plaintiff stated that the matter is compromise the plaintiff is not interested to proceed with the case memo accepted. Hence this suit is dismissed as not pressed.

This Order Generated in CIS on 08-05-2024

Date : 22-08-2022

Junior Civil Judge

METPALLY

IN THE COURT OF THE Junior Civil Judge: METPALLY

Present: Sri. Arun Kumar Naram, Junior Civil Judge,

METPALLY .

13-08-2022

CC/95/2018

TSJI040001462018

Between:-

Madishetti Naveen Kumar Address: Hindu,Occu.Business,R/o H.No.1-3-327/1,Chaitanya nagar,Metpally proper and mandal.

… Complainant

AND

Sajjanapu Srinivas Address: Occu.Business,c/o Beside Prakash Jewellers,Near Muslim Grave yard,Vegetable Market Road,Metpally proper and mandal.

… Accused

DOCKET ORDER

Both side parties and Both side counsel are present. Compromise memo filed before the Lok Adalath Compromise is recorded Hence the accused is acquitted U/sex 320(8) of crpc for the offence U/sec. 138 Ni Act. Accordingly this case is disposed off in Lok- Adlath.

This Order Generated in CIS on 08-05-2024

Date : 13-08-2022

Junior Civil Judge

METPALLY

IN THE COURT OF THE Junior Civil Judge: METPALLY

Present: Sri. Arun Kumar Naram, Junior Civil Judge,

METPALLY .

13-08-2022

CC/77/2021

TSJI040001292021

P.S Metpally

Between:-

The State Through SHO PS Metpally. Address: Metpally … Complainant

AND

Kasavathula Gangaram@Fakeer Address: R/o Ramalachakkapeta village.

… Accused

DOCKET ORDER

Both side parties are present, identified by the PCNo.1165 PS Metpally compromise memo filed before the Lok Adalath Compromise is recorded. Hence the accused re acquitted U/sec. 320(8) of crpc for the offence u/sec.498(A) IPC. Accordingly this case is disposed off in Lok-Adalath.

This Order Generated in CIS on 08-05-2024

Date : 13-08-2022

Junior Civil Judge

METPALLY