Smt. Shereena Mohd

Prl. Junior Civi Judge, Asifabad

Asifabad, PDJ Court Complex · Kumuram Bheem Asifabad · Telangana

Smt. Shereena Mohd, Prl. Junior Civi Judge, Asifabad, is posted at Asifabad, PDJ Court Complex, Kumuram Bheem Asifabad, Telangana, India. 3,799 court orders on record since 2021. 5 judgments with full text available. Primarily handles STC, CC, PRC cases.

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Featured Judgments

CC/232/2021 Acquitted

State of Telangana vs Ergati Shekar

28 Apr 2023

C.C No.232/2021 Dated:28.04.2023 Page No.1 of 7

IN THE COURT OF ADDL. JUDICIAL MAGISTRATE OF FIRST CLASSCUMADDL.

JUNIOR CIVIL JUDGE, ASIFABAD

Present: Smt. Shereena Mohd, Addl. Judl. Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad

Friday, this the 28 th day of April, 2023

C.C. No. 232 of 2021

Between:

The State of Telangana through Sub Inspector of Police, Police Station,Rebbena (Cr. No. 27/2021). … Prosecution

// AND //

A1:Ergati Shekar, S/o. Posham, Age: 38 Years, Occ: Tractor Driver vide B.No. TS20T1119 along with Trolley B.No. AP01W6898, R/o. H.No. 2161/1, Pulikunta Village of Rebbena Mandal.

A2:Chinthapuri Sudhakar, S/o. Nagaiah, Age: 41 years, Occ: Tractor Driver Vide B.No. TS20T0734 along with Trolley B.No. TS20T2744, R/o. H.No. 2161/1, Pulikunta Village of Rebbena Mandal.

A3:Palle Prakash Rao, S/o. Narayana Rao, Age: 56 years, Occ: Business/Tractor owner vide B.No.TS20T1119 along with Trolley B.No. AP01W6898, R/o. H.No. 169, Narayanapur village of Rebbena Mandal.

A4:Induri Sathyanarayana, S/o. Sudharshan, Age: 37 years, Occ: Business/Tractor owner vide B.No. TS20T0734 along with Trolley B.No. TS20T2744, R/o. H.No. 1304 of Nambala village of Rebbena Mandal.

…Accused No.1 to 4.

This case is coming before me for final hearing on 27.04.2023 in the presence of learned I/c APP for the prosecution and Sri T. Suresh Counsel for the Accused No.1 to 4, after hearing both sides and having considered the record till date, this Court delivered the following:

Digitally signed by Shereena Shereena Date: 2023.04.28 16:17:57 +0530

C.C No.232/2021 Dated:28.04.2023 Page No.2 of 7

J U D G E M E N T

1.The Sub Inspector of Police, Rebbena has filed charge sheet against accused no.1 to 4 in Cr.No. 27 of 2021 for the offence punishable U/Sec. 379 Indian Penal

Code (hereinafter referred as IPC) and Sec.21 of Mines and Mineral Regulation

Development Act1957, (hereinafter referred as MMRD Act1957).

2.The brief facts of the case are that:

On 22.04.2021 at about 13.30 hrs, as per instructions of superior officers and on reliable information, LW1/ HC1813 along with LW2/PC2019, LW3/PC3120 and

LW4/HG115 P.S Rebbena went to near Gangapur Arch of Rebbena and found (02) sand tractors. On enquiry they came to know that the tractors were illegally trans porting the sand without any proper permission from concerned authorities. On en quiry the tractors driver disclosed their identities as accused no.1/driver of the tractor

B.No. TS20T1119 along with Trolley B.No. AP01W6898, and accused no.2/driver of the tractor B.No. TS20T0734 along with Trolley B.No. TS20T2744, stated that on the directions of their owners/accused no.3 and 4 they were transporting the sand ille gally and confessed that they lifted the sand from Laxmipur Wagu to sell the same at various areas at higher rates to the needy people and illegally to gain more money and failed to produced documents. Upon that, LW1 conducted confession cum re covery panchanama and seized crime vehicles in presence of two panch witnesses

LWs 6 and 7. Later LW1, brought accused no.1 to 4 along with seized property and

Digitally signed by Shereena

Shereena

Date: 2023.04.28 16:18:07 +0530

C.C No.232/2021 Dated:28.04.2023 Page No.3 of 7 handed over to the SI of police and lodged report and prayed to take necessary action against accused no.1 to 4.

5.Basing on the report lodged by LW1, LW11/SI of Police registered a case, issued

FIR and took up the investigation. During the course of investigation, LW11 exam ined and recorded U/Sec. 161 Criminal Procedure Code (hereinafter referred as

Cr.P.C) statements of LWs.1 to 4 and also visited the scene of offence situated at the

Ganagapur Arch of Rebbena and drafted CDF along with rough sketch in presence of

LWs8 and 9. Later, LW11 served notice U/Sec. 41A Cr.P.C to accused No.1 to 4 and instructed them to appear before him on or before 25.04.2021 at 10.00 a.m. Subse quently, accused no.1 to 4 appeared before LW9 and voluntarily confessed as to the commission of offence as such after execution of undertaking he released them and directed the accused no.1 to 4 to appear before the Hon'ble Court on receipt of sum mons. Further, LW11 also sent requisition to LW10 to take action over the seized property. LW11 have also verified the documents of the seized crime vehicles and noticed that A3 has taken the tractor on lease basis from LW5 as such he examined and recorded U/sec. 161 Cr.P.C statement of LW5 and also collected the lease docu ment from her. As per the orders of Hon’ble High Court for the State of Telangana vide writ petition no. 1183 of 2021, on 04.05.2021 he handed over the crime vehicle to the accused no.4 and LW5 under proper acknowledgement. LW10 collected the penalty amount and remitted the same to the Government. On collection of all the

Digitally signed by Shereena ShereenaDate: 2023.04.28 16:18:18 +0530

C.C No.232/2021 Dated:28.04.2023 Page No.4 of 7 relevant documents LW11 filed chargesheet against accused no.1 to 4 for the offence punishable U/Sec. 379 of IPC, Sec. 21 of MMRD Act1957.

4. Cognizance was taken for the offence punishable U/Sec. 379 IPC against

Accused No.1 and 2 and U/Sec. 379 r/w 109 of IPC against Accused No.3 and 4.

5.On appearance of accused no.1 to 4 , copies of all relevant documents furnished to them as contemplated U/Sec. 207 Cr.P.C. On 10.05.2022, accused no.1 to 4 were examined U/Sec. 239 Cr.P.C. Charges framed for the offencepunishable U/Sec. 379

IPC against Accused No.1 and 2 and U/Sec. 379 r/w 109 of IPC against Accused No.3 and 4. Contents of charge read over and explained to them in their vernacular language for which they pleaded not guilty and claimed to be tried.

7.During the course of trial to prove its case, the prosecution in all examined

PWs.1 to 8 and Exs.P1 to P7 were marked.

The following witnesses were examined by the prosecution in support of its case and the nature of witness on appreciation of evidence:

PW1/LW1: S. MahendrapalanComplainant, Ex.P1 Report, Ex.P2 Marked portion of Confession cum seizure panchanama marked through him. PW2/LW3: E. DineshCircumstantial witness/police personnel PW3/LW5: Palle AnithaCircumstantial witness/who turned hostile, Ex.P3 Sec. 161 Cr.P.C statement marked through him. PW4/LW6: Ippa Rajalingu Panch witness for Confession cum Seizure panchanama/who turned hostile. PW5/LW7: Durgam Srinivas Panch witness for Confession cum Seizure panchanama/who turned hostile. PW6/LW8: Igurapu Ravi Panch witness for Crime Detail Form and Scene of offence panchanama/who turned hostile.

Digitally signed by Shereena ShereenaDate: 2023.04.28 16:18:29 +0530

C.C No.232/2021 Dated:28.04.2023 Page No.5 of 7

PW7/LW9: Durgam Venkatesh Panch witness for Crime Detail Form and Scene of offence panchanama/who turned hostile. PW8/LW11: PVS Bhavani Sen I.O/who filed charge sheet, Ex.P4 First Information Report, Ex.P5 Crime Detail Form along with roughsketch, Ex.P6 Lease Document, Ex.P7 Letter Addressed by Thahasildar marked through him.

8.After closure of prosecution evidence, accused no.1 to 4 were examined U/Sec.

313 Cr.P.C by explaining the incriminating evidence found against them. Accused

No.1 to 4 denied the same and reported no defence evidence. Hence defence evidence closed.

9.Heard Learned I/c APP and Counsel for Accused No.1 to 4.

10. Now, the point that arises for determination is:

“Whether the prosecution has proved the guilt for the offence punishable

U/Sec. 379 IPC against Accused No.1 and 2 and U/Sec. 379 r/w 109 of IPC

against Accused No. 3 and 4 against beyond all reasonable doubt”?

PWs. 4 and 5 who are the panch witnesses for confession cum seizure panchanama of accused no.1 and 2 turned hostile and did not support case of prosecution.

11.On analysis PW1 categorically deposed in his chief examination that on 22.04.2021 at 01.30 pm accused no.1 and 2 were driving the vehicle/Tractors loaded with sand in it and were transporting illegally on directions of accused no.3 and 4 without any permit documents. However, no independent eye witnesses were examined and documents was seized to substantiate that accused no.1 and 2 were driving the said vehicles/Tractors. Further, panch witnesses PWs4 and PW5 turned

Digitally signed by Shereena Shereena Date: 2023.04.28 16:18:40 +0530

C.C No.232/2021 Dated:28.04.2023 Page No.6 of 7 hostile as such the recovery of the sand loaded in the alleged vehicle/Tractors from the possession of accused no.1 and 2 is not established which is a material fact. As such the allegation of sand theft by accused no.1 and 2 is not established with the help of sufficient evidence.

12.From the entire prosecution evidence there is no incriminating material against accused no.3 and accused no.4 apart from the official witnesses and that the accused no.3 and 4 abetted alleged acts of accused no.1 and accused no.2 to commit sand theft and they acted upon the directions of accused no.3 and 4 is not established.

13. There is no sufficient evidence adduced by the prosecution to prove guilt of accused no.1 to 4 for the alleged offence beyond all reasonable doubt.

IN THE RESULT, Accused No.1 and 2 found not guilty for the offence punishable U/Sec. 379 IPC, and Accused No.3 and 4 found not guilty for the offence punishable U/Sec. 379 r/w 109 IPC. Accordingly, they are acquitted under Sec.

248(1) Cr.P.C. The bail bonds of the accused no.1 to 4 shall stand cancelled after expiry of appeal period.

As per the Orders of Hon’ble High Court for the State of Telangana, in Writ

Petition No. 1183 of 2021. The property deposited vide CP.No.34/2021, Dated:

23.04.2021 the interim safe custody of the B.No. TS20T6788 along with Trolley B.No.

TS20T6790 and B.No. TS214090 along with Trolley B.No. TS20C1182, given to the owner is made absolute after expiry of appeal period. Digitally signed by Shereena Shereena Date: 2023.04.28 16:18:50 +0530

C.C No.232/2021 Dated:28.04.2023 Page No.7 of 7

Typed to my dictation, after corrections pronounced by me in the Open Court on this the 28 th day of April, 2023. Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:18:58 +0530

Addl. Judicial Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad

APPENDIX OF EVIDENCE

WITNESS EXAMINED FOR EXHIBITS MARKED FOR PROSECUTION:

PROSECUTION

PW1: S. MahendrapalanEx.P1: Report

PW2: E. DineshEx.P2: Marked Portion of Confession cum Seizure panchanma.

PW3: Palle AnithaEx.P3: Sec. 161 Cr.P.C statement of PW3.

PW4: Ippa Rajalingu Ex.P4: First Information Report. PW5: Durgam Srinivas Ex.P5: Crime Detail Form along Roughsketch.

PW6: Igurapu Ravi Ex.P6: Lease Document

PW7: Durgam Venkatesh Ex.P7: Letter Addressed to Thahasildar

PW8: PVS Bhavani Sen

FOR DEFENCE: NIL FOR DEFENCE : NIL

NUMBER OF MATERIAL OBJECTS MARKED: NIL

Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:19:06 +0530 Addl. Judicial Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad.

CC/468/2021 Acquitted

State of Telangana, PS REBBENA vs Palagaini Venkatesh

28 Apr 2023

C.C No.468/2021 Dated:28.04.2023 Page No.1 of 7

IN THE COURT OF ADDL. JUDICIAL MAGISTRATE OF FIRST CLASSCUMADDL.

JUNIOR CIVIL JUDGE, ASIFABAD

Present: Smt. Shereena Mohd, Addl. Judl. Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad

Friday, this the 28 th day of April, 2023

C.C. No. 468 of 2021

Between:

The State of Telangana through Sub Inspector of Police, Police Station,Rebbena (Cr. No. 134/2021). … Prosecution

// AND //

A1:Palagani Venkatesh, S/o. Ragulaiah, Age: 20 Years, Occ: Tractor Driver B.No. TS20T6788 along with Trolley B.No. TS20T6790, R/o. H.No. 2109/3, Besthawada of Tenugeda of Rebbena Mandal.

A2:Bogarapu Madhukar, S/o. Mallesh, Age: 28 years, Occ: Tractor Driver Vide B.No. TS214090 along with Trolley B.No. TS20C1182, R/o. H.No. 445/1, Batwanpally of Bellampally now resident of Tungeda village of Rebbena Mandal.

A3:Jumidi Anandarao, S/o. Bapu, Age: 33 years, Occ: Tractor owner vide B.No.TS20T6788 along with Trolley B.No.TS20T6790, R/o. H.No.183 of Tungeda village of Rebbena Mandal.

A4:Pudari Pentaiah, S/o. Mallaiah, Age: 36 years, Occ: Tractor owner vide B.No. TS214090 along with Trolley B.No. TS20C1182, R/o. H.No. 183 of Tungeda village of Rebbena Mandal.

…Accused No.1 to 4

Digitally signed by Shereena ShereenaDate: 2023.04.28 16:19:32 +0530

C.C No.468/2021 Dated:28.04.2023 Page No.2 of 7

This case is coming before me for final hearing on 27.04.2023 in the presence of learned I/c APP for the prosecution and Sri J.Shyam Kumar Counsel for the Accused No.1 to 4, after hearing both sides and having considered the record till date, this Court delivered the following:

J U D G E M E N T

1.The Sub Inspector of Police, Rebbena has filed charge sheet against accused no.1 to 4 in Cr.No. 134 of 2021 for the offence punishable U/Sec. 379 Indian Penal

Code (hereinafter referred as IPC) and Sec.21 of Mines and Mineral Regulation

Development Act1957, (hereinafter referred as MMRD Act1957).

2.The brief facts of the case are that:

On 05.11.2021 at about 16.00 hrs, as per instructions of superior officers and on reliable information, LW1/ HC1946 along with LWs 2/PC2019 and LW3/HG115 PS

Rebbena rushed to near New Church at Gangapur on BT road of Rebbena and found (02) sand tractors and stopped the said tractor and on search they found its was loaded with sand. On enquiry, accused no.1/driver of the tractor B.No.TS20T6788

Trolley B.No. TS20T6790 and accused no.3/driver of the tractor B.No. TS214090 along with Trolley B.No. TS20C1182 stated that on the directions of their owners/ac cused no.2 and 4 they were transporting the sand and failed to produce documents and confessed that they were transporting sand to Rebbena and lifted sand from

Tungeda Peddawagu to sell the same at various areas at higher rates to the needy people illegally to gain more money easily. Upon that, LW1 conducted confession cum recovery panchanama and seized crime vehicles in presence of two panch wit

Digitally signed by Shereena

Shereena

Date: 2023.04.28 16:19:50 +0530

C.C No.468/2021 Dated:28.04.2023 Page No.3 of 7 nesses LWs 4 and 5. Later LW1, brought accused no.1 and 3 along with seized prop erty and handed over to the SI of police and lodged report and prayed to take neces sary action against accused no.1 and 3.

3.Basing on the report lodged by LW1, LW9/SI of Police registered a case, issued

FIR and took up the investigation. During the course of investigation LW9 examined and recorded the statements of LWs.1 to 3, U/Sec. 161 Criminal Procedure Code (hereinafter referred as Cr.P.C) and also visited the scene of offence situated at the

Near New Church Ganagapur Road, Rebbena and drafted CDF along with rough sketch in presence of LWs6 and 7. Later, LW9 served notice U/Sec. 41A Cr.P.C to ac cused No.1 to 4 and instructed them to appear before him on or before 08.11.2021 at 10.00 a.m. Subsequently, accused no.1 to 4 appeared before LW9 and after execu tion of undertaking he directed the accused no.1 to 4 to appear before the Hon'ble

Court on receipt of summons. Further, LW9 also sent requisition to LW8 to take ac tion over the seized property. As per the orders of Hon’ble High Court for the State of

Telangana, vide writ petition no. 28106 of 2021on 15.11.2021 he handedover the crime vehicles to the accused no.2 and 4 under proper acknowledgement and col lected the penalty amount and remitted the same to the Government. On collection of all the relevant documents LW9 filed chargesheet against accused no.1 to 4 for the offence punishable U/Sec. 379 of IPC, Sec. 21 of MMRD Act1957.

4. Cognizance was taken for the offence punishable U/Sec. 379 IPC against

Accused No.1 and 3 and U/Sec. 379 r/w 109 of IPC against Accused No.2 and 4.

Digitally signed by Shereena

Shereena

Date: 2023.04.28 16:20:01 +0530

C.C No.468/2021 Dated:28.04.2023 Page No.4 of 7

5.On appearance of accused no.1 to 4 , copies of all relevant documents furnished to them as contemplated U/Sec. 207 Cr.P.C. On 19.09.2022, accused no.1 to 4 were examined U/Sec. 239 Cr.P.C. Charges framed for the offencepunishable

U/Sec. 379 IPC against accused no.1 and 3 and U/Sec. 379 r/w 109 of IPC against accused no.2 and 4. Contents of charge read over and explained to them in their vernacular language for which they pleaded not guilty and claimed to be tried.

6.During the course of trial to prove its case, the prosecution in all examined

PWs.1 to 6 and Exs.P1 to P12 were marked.

The following witnesses were examined by the prosecution in support of its case and the nature of witness on appreciation of evidence:

PW1/LW1: K. Jalapathi RaoComplainant, Ex.P1 Marked portion of Confession cum seizure panchanama, Ex.P2 Report, marked through him.

PW2/LW4: Igurapu SanjeevPanch witness for Confession cum Seizure panchanama/who turned hostile, Ex.P3 Signature on Confession cum Seizure panchanama marked through him.

PW3/LW5: Jagiri Thirupathi Panch witness for Confession cum Seizure panchanama/who turned hostile, Ex.P4 Signature on Confession cum Seizure panchanama marked through him.

PW4/LW6: V. Vijay Kumar Panch witness for Crime Detail Form and Scene of offence panchanama/who turned hostile, Ex.P5 Signature on Crime Detail Form, Ex.P6 Signature on roughsketch marked through him.

Digitally signed by Shereena

Shereena

Date: 2023.04.28 16:20:12 +0530

C.C No.468/2021 Dated:28.04.2023 Page No.5 of 7

PW5/LW7: T. Rajinikanth Panch witness for Crime Detail Form and Scene of offence panchanama/who turned hostile, Ex.P7 Signature on Crime Detail Form, Ex.P8 Signature on roughsketch marked through him.

PW6/LW9: PVS Bhavani Sen I.O/who filed charge sheet, Ex.P9 First Information Report, Ex.P10 Crime Detail Form along with roughsketch, Ex.P11 and Ex.P12 are letters addressed by Thahasildhar marked through him.

7.After closure of prosecution evidence, accused no.1 to 4 were examined U/Sec.

313 Cr.P.C by explaining the incriminating evidence found against them. Accused

No.1 to 4 denied the same and reported no defence evidence. Hence defence evidence closed.

8.Heard Learned I/c APP and Counsel for Accused No.1 to 4.

9. Now, the point that arises for determination is:

“Whether the prosecution has proved the guilt for the offence punishable

U/Sec. 379 IPC against Accused No.1 and 3 and U/Sec. 379 r/w 109 of IPC

against Accused No.2 and 4. against beyond all reasonable doubt”?

PWs. 2 and 3 who are the panch witnesses for confession cum seizure panchanama of accused no.1 and 3 turned hostile and did not support case of prosecution.

10. On analysis PW1 categorically deposed in his chief examination that on 05.11.2021 at 04.00 pm accused no.1 and 3 were driving the vehicles/Tractors loaded with sand in it and was transporting illegally on directions of accused no.2 and 4 without any permit documents. However, no independent eye witnesses were examined and documents was seized to substantiate that accused no.1 and 3 were

Digitally signed by Shereena

Shereena

Date: 2023.04.28 16:20:26 +0530

C.C No.468/2021 Dated:28.04.2023 Page No.6 of 7 driving the said vehicles/Tractors. As the panch witnesses PWs2 and PW4 turned hostile the recovery of the sand loaded in the vehicles/Tractors from the possession of accused no.1 and 3 is not established which is a material fact. As such the allegation of sand theft by accused no.1 and 2 is not established with the help of sufficient evidence. There is not evidence on record show that on the directions of accused no.2 and 4, accused no.1 and 3 committed the alleged acts through on perusal of record it discloses that alleged tractors belongs to accused no.2 and 4 but they abetted the acts of accused no.1 and 3 is not established.

11. There is no sufficient evidence adduced by the prosecution to prove guilt of accused no.1 to 4 for the alleged offence beyond all reasonable doubt.

In the Result: Accused No.1 and 3 found not guilty for the offence punishable

U/sec. U/Sec. 379 IPC and Accused No. 3 and 4 found not guilty for offence punishable U/Sec. 379 r/w 109 of IPC Accordingly, they are acquitted U/Sec. 248 (1) Cr.P.C. The bail bonds shall stand cancelled accordingly after expiry of appeal period.

As no property was deposited by investigating officer, no property order in respect of the same.

Typed to my dictation, after corrections pronounced by me in the Open Court on this the 28 th day of April, 2023.

Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:20:37 +0530 Addl. Judicial Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad

C.C No.468/2021 Dated:28.04.2023 Page No.7 of 7

APPENDIX OF EVIDENCE

WITNESS EXAMINED FOR EXHIBITS MARKED FOR PROSECUTION:

PROSECUTION

PW1: K. Jalapathi RaoEx.P1: Marked Portion of Confession cum Seizure panchanma. PW2: Igurapu SanjeevEx.P2: Report PW3: Jagiri Thirupathi Ex.P3 Signature of PW2 on Confession cum Seizure panchanama PW4: V. Vijay Kumar Ex.P4 Signature of PW3 on Confession cum Seizure panchanama PW5: T. Rajinikanth Ex.P5: Signature of PW4 on Crime Detail Form . PW6: PVS Bhavani Sen Ex.P6: Signature of PW4 on Roughsketch.

Ex.P7: Signature of PW5 on Crime Detail Form . Ex.P8: Signature of PW6 on Roughsketch.

Ex.P9: First Information Report.

Ex.P10: Crime Detail Form along Roughsketch. Ex.P11: Letter addressed by Thahasildhar Ex.P12:Letter addressed by Thahasildhar

FOR DEFENCE: NIL FOR DEFENCE : NIL

NUMBER OF MATERIAL OBJECTS MARKED: NIL

Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:20:46 +0530 Addl. Judicial Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad.

CC/271/2018 Acquitted

Jhade Shyamrao vs Pastham Sampath Kumar

28 Apr 2023

CC No. 271 of 2018 Dated:28.04.2023 Page No. 1 of 7

IN THE COURT OF ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS CUM

ADDL. JUNIOR CIVIL JUDGE, ASIFABAD

Present: Smt. Shereena Mohd,

Addl. Judl. Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad

Friday, this the 28 th day of April, 2023

C.C.No. 271 of 2018

Between:

The State of Telangana through Sub Inspector of Police, Police Station, Wankidi (Cr. No. 221/2018). … Prosecution.

// AND //

A1:Pastham Sampath Kumar, S/o. Mukesh, Age: 19 Years, Occ: Coolie, R/o. Ravichandra colony, Asifabad.

A2:Sayyad Ali @ Pahilwan, S/o. Mohiddin, Age: 50 years, Occ: Business, R/o. Lakkadkot, Tq: Rajura, District Chandrapur of Maharashtra.

...Accused No.1 and 2.

This case is coming on before me for final hearing on 27.04.2023 in the presence of learned I/c. APP for the prosecution and Sri B. Sathish Babu and Sri K. Kishore Counsels for the Accused No.1 and 2, after hearing both sides and having considered the record till date, this Court delivered the following:

J U D G E M E N T

1.The Sub Inspector of Police, PS Wankidi has filed chargesheet against the accused no.1 and 2 in Cr. No. 221/2018 for the offence punishable U/Sec. 420 of

Indian Penal Code (hereinafter referred as IPC) and Section 7 of Essential

Commodities Act 1955 (hereinafter referred as ECAct1955).

2.The brief facts of the case are that:

Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:14:41 +0530

CC No. 271 of 2018 Dated:28.04.2023 Page No. 2 of 7

On 22.10.2018 at 1410 hrs, on reliable information that one TVS XL rider was illegally transporting the Government distributed PDS rice. Immediately, LW1/ASI 1747 along with LWs2/PC1395 and LW3/PC3295 rushed to Wankidi village and at about 1420 hrs stopped TVS XL T/R.No. MD621EP10U1B08806 and checked the vehicle and found the Government free distributing PDS rice filled in white bags.

Then, LW1 secured two panch witnesses LWs4 and 5 and enquired the said person in presence of panch witnesses who disclosed his identity as Pastham Sampath

Kumar/Accused No.1 and who confessed that he is eking livelihood by doing coolie work and was not earning sufficient money for his expenses and made a plan to earn money at easy way in less time. On that plan he purchased the PDS rice from village people of Rebbena and Asifabad to Rs. 10/ per kg and was earning money by selling the same to one Pahilwan/Accused No.2 of Maharashtra Rs.15/ per kg by transporting the PDS rice on his motorcycle via Wankidi village. On 22.10.2018, accused no.1 was transporting the PDS rice illegally on his motorcycle on the way to

Wankidi bus stand the police apprehended him. Upon that, LW1 recorded confession panchanama of accused no.1 before above panchas and seized 1.30 quintals of PDS rice which was loaded in two white bags and one green color TVS

XL 100 heavy duty T/R No. vehicle bearing chasis no. MD621EP10U1B08806 from the possession of accused no.1 under confession and recovery panchanama and alongwith the seized LW1 property brought accused no.1 to the police station and lodged report to take necessary action against accused.

3.Basing on the report lodged by LW1, LW9 /SI of police, PS Wankidi registered a case, issued FIR and took up the investigation. During the course of investigation

Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:14:58 +0530

CC No. 271 of 2018 Dated:28.04.2023 Page No. 3 of 7

LW9 examined and recorded the Sec.161 Code of Criminal Procedure (hereinafter referred as Cr.P.C) statements of LWs1 to 3 and visited the scene of offence situated at the Wankidi bus stand area and drafted CDF along with rough sketch and scene offence panchanama in the presence of LWs 6 and 7. Later, LW9 served notice

U/Sec.41A Cr.P.C to accused no.1 and directed him to appear before him on 23.10.2018 at 10.00 am. Subsequently, accused no.1 failed to appear before him and on 02.11.2018 on reliable information about the presence of accused no.1 at

Bendara bus stand he along with police personnels apprehended him and interrogated him. On interrogation accused no.1 voluntarily confessed as to the commission of offence as such LW9 affected his arrest by complying the arrest formalities and was produced before Hon’ble Court for remand. On 20.11.2018,

LW9 served notice U/Sec. 41A Cr.P.C to accused no.2 directing him to appear

before him on 26.11.2018 at 10.00 am. On 26.11.2018 accused no.2 appeared and

confessed as to the commission of offence as such after undertaking released the accused no.2 and directed to appear before Hon’ble Court on receipt of summons.

LW9 also sent requisition to LW8 to keep the seized PDS rice under safe custody. As such LW8 visited the PS Wankidi and took over the custody of seized PDS rice of 1.30 qunitals and issued acknowledgement. After completion of investigation and on collection of all relevant documents LW9 filed chargesheet against accused no.1 and 2 for the offence punishable U/Sec. 420 of IPC, Sec. 7 of ECAct1955.

4Cognizance was taken for the offence punishable U/Sec. 420 of IPC and Sec. 7 of EC Act 1955 against accused no.1 and 2. Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:15:12 +0530

CC No. 271 of 2018 Dated:28.04.2023 Page No. 4 of 7

5.On appearance of accused no.1 and 2, copies of all relevant documents furnished to them as contemplated U/Sec. 207 Cr.P.C. On 17.02.2022 accused no.1 and 2 were examined U/Sec. 239 of Cr.P.C. Charges framed for the offence punishable U/Sec.420 of IPC and Sec. 7 of EC Act 1955 against accused no.1 and

2. Contents of charges read over and explained to them in their vernacular language for which they pleaded not guilty and claimed to be tried

6.During the course of trial to prove its case, the prosecution in all examined

PWs.1 and 2 and Exs.P1 to P5 were marked.

The following witnesses were examined by the prosecution in support of its case and the nature of witness on appreciation of evidence:

PW1/LW1: Jade Shyamrao Complainant/Ex.P1 Marked portion of confession cum seizure panchanama marked through him. PW2/LW9: D. ChandrashekarI.O/who filed chargesheet, Ex.P2 First Information Report, Ex.P3 is the Crime Detail Form along with roughsketch, Ex.P4 Scene of offence panchanama, Ex.P5 acknowledgement copy issued by LW8 marked through him.

7.After closure of Prosecution evidence accused no.1 and 2 were examined

U/Sec.313 of Cr.P.C by explaining the incriminating evidence found against them.

Accused No.1 and 2 denied the same and reported no defence evidence. Hence defence evidence closed.

8.Heard Learned I/c A.P.P and Counsel for Accused No.1 and 2.

9. Now the point that arises for determination is:

“Whether the prosecution has proved the guilt of accused no.1 and 2 for

the offence punishable U/Sec. 420 of IPC and Sec. 7 of Essential Commodities

Act – 1955, beyond all reasonable doubt”?

Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:15:23 +0530

CC No. 271 of 2018 Dated:28.04.2023 Page No. 5 of 7

10.PW1 who is the police personnel who conducted confession cum seizure panchanama in his chief examination categorically deposed that on 22.10.2018 while he was conducting patrolling along with LW s 2 and 3 at 02.30 pm they apprehended A1 alongwith TVS XL motorcycle containing two white colur bags having PDS rice in it and in presence of panch witnesses he drafted the confession cum seizure panchanama and seized the property. However, despite several adjournments the prosecution failed to adduce the evidence of LW s 4 and 5 and who are the panch witnesses for confession cum seizure panchanama and evidence was closed. Later, no steps were taken by the prosecution to adduce their evidence.

Further, as per the confession cum seizure panchanama it was drafted at 02.15 pm, on the alleged date of incident however as per the evidence of PW1 they apprehended the vehicle at 02.30 pm and the Sec. 161 Cr.P.C statement of PW1 discloses that they went for patrolling at 04.10 pm which raises a suspicion about the alleged panchanama conducted. Moreover, the none examination of panch witnesess of confession cum seizure panchanama which would have established the seizure of PDS rice from the possession of accused no.1 is fatal to the case of prosecution. Apart from this only the investigating officer/PW2 was examined and all the remaining witnesses evidence was closed as the prosecution failed to adduce them. The I.O. ought to have examined the persons to whom the accused no.2 sold the PDS rice which was purchased by him from accused no.1 as alleged to establish their case.

11.From the entire prosecution evidence the none examination of material

Digitally signed by ShereenaShereena

Date: 2023.04.28

16:15:44 +0530

CC No. 271 of 2018 Dated:28.04.2023 Page No. 6 of 7

witnesess is fatal to the case of prosecution and failed to establish their case against the accused no.1 and 2.

12. There is no sufficient evidence adduced by the prosecution to prove the guilt of accused no.1 and 2 beyond all reasonable doubt.

IN THE RESULT, Accused No.1 and 2 found not guilty for the offence punishable U/Sec. 420 of IPC and Sec. 7 of EC Act 1955. Accordingly, they are acquitted U/Sec. 248(1) of Cr.P.C. The bail bonds shall stand cancelled after expiry of appeal period.

As no property was deposited by investigating officer, no property order in respect of the same.

Typed to my dictation, after correction pronounced by me in the Open Court on this the 28 th day of April, 2023.

Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:16:03 +0530

Addl. Judicial Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad.

CC No. 271 of 2018 Dated:28.04.2023 Page No. 7 of 7

APPENDIX OF EVIDENCE

WITNESS EXAMINED FOR PROSECUTION EXHIBITS MARKED FOR PROSECUTION:

PW1:Jade ShyamraoEx.P1: Marked portion of confession cum seizure panchanama. PW2: D. ChandrashekarEx.P2: Report.

Ex.P3: Crime Detail Form along with roughsketch. Ex.P4 : Scene of offence panchanama. Ex.P5: Acknowledgement copy issued by LW8. FOR DEFENCE: NIL FOR DEFENCE : NIL

NUMBER OF MATERIAL OBJECTS MARKED: NIL

Addl. Judicial Magistrate of First Classcum

Addl. Junior Civil Judge, Asifabad.

CC/32/2020 Acquitted

State of Telangana vs Vsvijay singh gomladu

01 May 2023

C.C No. 32/2020 Dated: 01.05.2023 Page No. 1 of 6

IN THE COURT OF ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS 

CUMADDL. JUNIOR CIVIL JUDGE, ASIFABAD

Present: Smt. Shereena Mohd, Addl. Judl. Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad

Monday, this the 01 st day of May, 2023

C.C.No. 32 of 2020

Between:

The State of Telangana through Sub Inspector of Police, Police Station, Wankidi( Cr.No. 111/2019) … Prosecution

// AND //

A1:Vijay Singh Gomladu, S/o. Vittal Singh, Age: 32 years, Occ: Police Sub Inspector of Rajura PS, Chandrapur District of Maharashtra State, R/o. Rajura Village and Taluqa of Chandrapur District of Maharshtra State, Native of Sanjarapurwadi, Post: Parsoda, Talqua: Vijapur, District Aurangabad of Maharashtra State.

A2:Mahesh S. Bhoyar, S/o. Shalikrao Bhoyar, Age: 27 years, Occ: Police Constable1155 of PS Rajura Of Chandrapur District of Maharashtra State, R/o. Rajura Village and Taluqa of Chandrapur District of Maharashtra State.

… Accused No.1 and 2

This case is coming before me for final hearing on 28.04.2023 in the presence of learned I/c APP for the prosecution and Shri J.Shyamkumar Counsel for Accused No. 1 and 2 after hearing both sides and having considered the record till date, this Court delivered the following:

J U D G E M E N T

1.The Sub Inspector of Police, Wankidi has filed chargesheet against the accused no.1 and 2 in Cr.No. 111 of 2019 for the offence punishable U/Sec. 294(b), 506 r/w 34 of Indian Penal Code(hereinafter referred to as "IPC").

2.The brief facts of the case are that:

C.C No. 32/2020 Dated: 01.05.2023 Page No. 2 of 6

On 07.08.2019 at 02.29 pm, the complainant/LW17/SI of police was present at police station, Wankidi and attending routine duty, he received a phone call to his mobile no. 9440900665 from mobile number 9182668007 in which caller introduced himself of Shaik Ahmed stated that two persons in drunken condition by saying they belongs to Rajura police station of Chandrapur district of Maharashtra State came to

Ganeshpur weekly shandy i.e., Bulls market and scolding the persons who came to

Ganeshpur shandy in most filthy language, causing nuisance and in among them one person threatening them by showing piston in his hand. On that information he along with men went to the spot 02.45 hrs and found two persons under drunken condition and on interrogation they disclosed their identities as ViJay Singh Gomladu/accused no.2 and Mahesh Bhoyar/accused no.1. Immediately LW17 brought the above said accused persons to police station at 15.15 hrs and registered a suomotto case against accused no.1 and 2.

3. LW17/SI of police, PS Wankidi registered a SuoMotto case, issued FIR and took up the investigation. During the course of investigation, LW17 secured presence of two mediators LWs13 and 14 and conducted alcohol test of accused no.2 with breath analyzer and found the reading as 69mg/100ml and conducted panchanama of alcohol test of accused no.2. Later as the accused no.1 did not cooperat to conduct alcohol test with breath analyzer the LW17 sent the accused no.1 to Government Hos pital, Asifabad where the medical officer/LW16 collected his blood samples and pre served for chemical analysis and reports. Subsequently, as per the orders of the Sub

Divisional Police Officer, Asifabad/LW18 took up investigation of the case from the

LW17 verified the investigation done so far and found on proper lines. Thereafter,

LW18 along with LWs 13 and 14 visited the scene of offence situated and prepared

C.C No. 32/2020 Dated: 01.05.2023 Page No. 3 of 6

Crime Detail Form along with roughsketch and conducted scene of offence pan chanama. LW18 examined and recorded Sec. 161 Cr.P.C (hereinafter referred as

Cr.P.C) statements of LWs 1 to 8.

Further, LW18 examined and recorded U/Sec.161 Cr.P.C statements of LWs 9 to 11 and 17 and also forwarded material object i.e., blood samples of accused no.1 to RFSL, Karimnagar through the forwarding letter to medical officer and sub divi sional police officer and deposited at RFSL Karimnagar, for chemical analysis and re ports. On 19.11.2019 and 07.08.2019 LW18 served notice U/Sec. 41A Cr.P.C to ac cused no.2 and 1 with instructions to appear before him. On 21.11.2019 and 09.08.2019 accused no.2 and 1 appeared before LW18 and voluntarily confessed as to the commission of offence. As such after undertaking directed him to appear be fore Court on receipt of summons.

Further, LW18 received chemical examination reports of blood samples of ac cused no.1 from RFSL Hyderabad vide file no.TOX/2205/2019, Dated: 18.11.2019 in which the experts/LW15 opined that the Item 1 is analyzed and 48.285+0.381 % mgs of Ethyl Alchol is found in item 1 in the blood sample of accused no.1. On re viewing of the cause in the light of chemical analysis report of the accused no.1 the

LW16/Medical Officer,Government Hospital,Asifabad issued final opining that

“48.285+0.381 % mgs of Ethyl Alcohol is found in item 1 in the blood sample of

accused no.1”. Subsequently, the LW18 requisited the LW12/Station house officer of PS Rajura to issue report regarding the accused persons. Accordingly, LW12 issued report in Marathi language by stating the accused persons belong to PS Rajura of

Chandrapur District of Maharashtra State. After completion of investigation and col

C.C No. 32/2020 Dated: 01.05.2023 Page No. 4 of 6 lection of relevant documents LW18 filed chargesheet against accused no.1 and 2 for the offence punishable U/Sec. 294(b), 506 r/w 34 of IPC.

4. Cognizance was taken for the offence punishable U/Sec.294(b), 506 r/w 34 of

IPC against accused no.1 and 2.

5.On appearance of accused no. 1 and 2, copies of all relevant documents furnished to them, as contemplated U/Sec. 207 Cr.P.C. On 19.02.2021, accused no.1 and accused no.2 were examined U/Sec. 251 Cr.P.C. Substance of accusation read over and explained to them in their vernacular language for which they pleaded not guilty and claimed to be tried.

6.During the course of trial to prove its case, the prosecution in all examined

PW1 to PW4, Ex.P1 to Ex.P4 marked. The learned I/c APP has given up remaining witnesses i.e., LWs 6 to 18 as material witnesses turned hostile. As prosecution failed to adduce evidence of LW5 despite several adjournments, his evidence closed.

The following witnesses were examined by the prosecution in support of its case and the nature of witness on appreciation of evidence:

PW1/LW1: MD. AhmedVictim/who turned hostile Ex.P1 Sec.161 Cr.P.C statement marked through him.

PW2/LW2: Shaik Chandpashavictim/who turned hostile, Ex.P2 Sec.161 Cr.P.C statement marked through him.

PW3/LW3: Shaik Asifvictim/who turned hostile, Ex.P3 Sec.161 Cr.P.C statement marked through him.

PW5/LW4: Shaik Irshadvictim/who turned hostile, Ex.P4 Sec.161 Cr.P.C statement marked through him.

7.After completion of prosecution evidence, the examination of accused no. 1 and 2 U/Sec. 313 Cr.P.C is dispensed as there is no incriminating material against

C.C No. 32/2020 Dated: 01.05.2023 Page No. 5 of 6 them. The defence has chosen not to adduce any evidence on their behalf. Hence defence evidence closed.

8.Heard Learned I/c. APP and Counsel for accused no.1 and 2.

9.Now the point that arises for determination is:

“Whether the prosecution has proved the guilt of accused no. 1 and 2 for

the offence punishable U/Sec. 294(b), 506 r/w 34 of IPC beyond all reasonable

doubt”?

PWs1 to 4 in their chief examination categorically deposed that they did not know anything about this case and deposed that they do not know accused no.1 and 2 and turned hostile and did not support case of prosecution. As the PWs 1 to 4 who are the victims and material witnesses turned hostile, learned I/c APP given up all the remaining witnesses from LWs 6 to 18 as such there is no evidence on record to prove the case of prosecution against accused no.1 and 2.

12.There is no sufficient evidence adduced by the prosecution to bring home the guilt of Accused No.1 and 2 for the offence punishable U/Sec. 294(b), 506 r/w 34 of

IPC beyond all reasonable doubt.

IN THE RESULT, Accused No.1 and 2 found not guilty for the offence punishable U/Sec. 294(b), 506 r/w 34 of IPC. Accordingly, they are acquitted U/Sec.

255(1) of Cr.P.C. The bail bonds shall stand cancelled after expiry of appeal period.

As no property was deposited by Investigating Officer, there is no order in respect of the same.

Typed to my dictation, after corrections pronounced by me in the Open Court on this the 01 st day of May, 2023.

Addl. Judicial Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad.

C.C No. 32/2020 Dated: 01.05.2023 Page No. 6 of 6

APPENDIX OF EVIDENCE

WITNESS EXAMINED FOR PROSECUTION EXHIBITS MARKED FOR PROSECUTION: PW1: MD. AhmedEx.P1: Sec.161 Cr.P.C statement of PW1.

PW2: Shaik ChandpashaEx.P2: Sec.161 Cr.P.C statement of PW2.

PW3: Shaik AsifEx.P3: Sec.161 Cr.P.C statement of PW3. PW5: Shaik IrshadEx.P4: Sec.161 Cr.P.C statement of PW4.

FOR DEFENCE: NIL FOR DEFENCE : NIL Number of Material Objects Marked: NIL

Addl. Judicial Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad.

CC/1346/2020 Acquitted

State of Telangana vs Doddikar Vikram

28 Apr 2023

CC.No. 1346/2020 Date:28.04.2023 Page no.1 of 6

THE COURT OF THE ADDL.JUDICIAL MAGISTRATE OF FIRST CLASS CUM

ADDL. JUNIOR CIVIL JUDGE, AT ASIFABAD

Present: Smt. Shereena Mohd,

Addl. Judl. Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad

Friday, this the 28 th day of April, 2023

CC.No. 1346 of 2020

Between:

The State of Telangana through Inspector of Police, Police Station, Wankidi (Cr.No. 196/2018) … Prosecution

// AND //

A1:Doddikar Vikram, S/o. Raju, Age: 45 years, Occ: Agriculture, R/o. Indhani Village of Wankidi Mandal.

A2:Goutre Shankara Bai, D/o. Keshav, Age: 30 years, Occ: Coolie, R/o. Ada Village of Asifabad Mandal, Now at Indhani Village of Wankidi Mandal.

… Accused No.1 and 2.

This case is coming before me for final hearing on 27.04.2023 in the presence of Learned I/c APP for the prosecution and Shri Raparthi Ravinder Counsel for Accused No.1 and 2 after hearing both sides and having considered the record till date, this Court delivered the following:

J U D G E M E N T

1.The Sub Inspector of Police, Wankidi has filed charge sheet against Accused

No. 1 in Cr. No. 196 of 2018 for the offence punishable U/Sec. 498A, 323 of Indian

Penal Code (hereinafter referred as IPC), on deletion of Accused No.2 for the offence punishable U/Sec. 494 IPC.

2.The brief facts of the case: Digitally signed by Shereena

Shereena

Date: 2023.04.28 16:16:26 +0530

CC.No. 1346/2020 Date:28.04.2023 Page no.2 of 6

On 27.08.2018 at about 1600 hours the complainant/LW1/Doddikar Savithribai lodged a report stating that, 26 years ago her marriage was solemnized with Dod dikar Vikram/Accused no.1 according to their caste customs. After marriage they both led happy marital life and also blessed with two daughters . Since some time her husband/A1 having illegal intimacy with one Shankarabai/Accused No.2 and was moving closely with her. When LW1 asked about the same A1 used to quarrel with her by abusing her in filthy language and bet her and harassed her mentally as well as physically and want to kill her as she was obstructing his illegal intimacy. On 16.08.2018 at about 11.00 am her husband/A1 came to house along with said

Shankarabai/A2, bet her with hands and legs, necked her out from the house by stat ing that he will lead his remaining life with Shankarbai as husband. On the same day

LW1 went to her parents house at Ankusapur village and informed the same to her brothers and caste elders. As such, she requested to take necessary action against Ac cused No.1 and 2.

3.On receipt of report from LW1, LW11/Sub Inspector of Police registered a case, issued FIR and took up the investigation. During the course of investigation, LW11 examined and recorded the Sec.161 Code of Criminal Procedure (hereinafter referred as "Cr.P.C") statement of LW1 and visited the scene of offence situated at Indhani vil lage of Wankidi Mandal, and examined and recorded the Sec.161 Cr.P.C statements of LWs 2 to 8, drafted CDF along with roughsketch in presence of LWs 9 and 10.

Thereafter, on 27.08.2018 the LW11 served notice U/Sec. 41A Cr.P.C to the accused no.1 and 2 directing them to appear before him on 28.08.2018 at 10.00 am. Subse

Digitally signed by Shereena

Shereena

Date: 2023.04.28 16:16:39 +0530

CC.No. 1346/2020 Date:28.04.2023 Page no.3 of 6

quently, accused no.1 and 2 appeared before LW11 and confessed as to the commis sion of offence as such after execution of undertaking LW11 released them and di rected them to appear before the Hon’ble Court on receipt of summons.

Subsequently, LW12 took up further investigation of this case, perused CD file and verified the investigation done by the LW11 and found to be correct. Later,

LW12 secured the presence of all witnesses and examined them but did not record their statements since reiterated the same facts as deposed before the LW11. As per the version of the witnesses LWs 2 to 8, the involvement of A2 is not established in this case and the involvement of A1 is established U/Sec. 498A, 323 IPC only. As such the name of the A2 was deleted from the chargesheet after obtaining permission from the Sub divisional police officer.On collection of all relevant documents LW11 filed chargesheet against the Accused No.1.

4.On issuing notice to the defacto complainant /LW1 on 26.11.2020 LW1 was present and her statement was recorded basing on the objection and the protest peti tion filed U/Sec. 190(1)(b) of Cr.P.C. Subsequently, on perusal of the entire case record and the statement of LW1 the then presiding officer made primafacie case against A2 for the offence punishable U/Sec. 294(b), 323 IPC.

5. Cognizance was taken for the offence punishable U/sec. 498A, 294(b), 323 r/w 34 of IPC against Accused No.1 and U/Sec. 294(b), 323 r/w 34 IPC against Ac cused No.2.

5.On appearance of Accused No.1 and 2, copies of all relevant documents

Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:16:51 +0530

CC.No. 1346/2020 Date:28.04.2023 Page no.4 of 6

furnished to them as contemplated U/Sec. 207 Cr.P.C. On 04.02.2021, accused no.1 and 2 were examined U/Sec. 239 Cr.P.C for the offence punishable U/sec.498A, 294(b), 323 r/w 34 of IPC and U/Sec. 294(b), 323 r/w 34 IPC respectively. Charges framed for the said offences against Accused No. 1 and 2. Contents of charge read over and explained to them in their vernacular language for which they pleaded not guilty and claimed to be tried.

6.During the course of trial to prove its case, the prosecution in all examined

PW1 and Ex.P1 and Ex.P2 marked. The learned I/c APP has given up remaining witnesses i.e., LWs 2 to 12 as material witness turned hostile.

The following witnesses were examined by the prosecution in support of its case and the nature of witness on appreciation of evidence:

PW1/LW1: Doddikar SavithribaiComplainant/victim/who turned hostile Ex.P1 signature on report ,Ex.P2 Sec.161 Cr.P.C statement marked through her.

7.After completion of prosecution evidence, the examination of accused no.1 and 2 U/Sec. 313 Cr.P.C is dispensed as there is no incriminating material against them.

The defence has chosen not to adduce any evidence on their behalf. Hence defence evidence closed.

8.Heard Learned I/C APP and Counsel for Accused No.1 and 2.

9. Now, the point that arises for determination is:

Digitally signed by Shereena ShereenaDate: 2023.04.28 16:17:02 +0530

CC.No. 1346/2020 Date:28.04.2023 Page no.5 of 6

“Whether the prosecution has proved the guilt for the offences punishable

U/secs. 498A, 294(b), 323 r/w 34 of IPC against accused no.1 and Sec. 294(b),

323 r/w 34 IPC against accused no.2 beyond all reasonable doubt”?

On behalf of prosecution, PW1 who is the complainant/Victim turned hostile and did not support the case of prosecution Ex.P1 and Ex.P2 marked through her. As such LWs.2 to 12 were given up by the Learned I/c A.P.P., as material witness did not support the case of prosecution.

10.On analysis it is apparent from the evidence of PW1, who categorically deposed in her chief examination that at about 30 years ago her marriage was performed with accused no.1 and they are blessed with two daughters and when a panchayath was held in presence of village elders on some petty issue between her and accused no.1 and at that time her signatures were obtained on blank papers and further deposed that accused no.1 never harassed her and they lived happily and turned hostile and there is no incriminating evidence against accused no.2. Hence, the prosecution failed to establish the guilt of accused no.1 and 2 as the material witness/victim did not support the case of prosecution.

There is no sufficient evidence adduced by the prosecution to bring home the guilt of Accused no.1 offence punishable U/sec.498A, 294b, 323 r/w 34 of IPC,

Accused No. 2 for offence punishable U/Sec. 294(b), 323 r/w 34 of IPC beyond all reasonable doubt.

In the Result: Accused No.1 found not guilty for the offence punishable U/sec.

498A, 294b, 323 r/w 34 of IPC and Accused No. 2 found not guilty for offence pun

Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:17:14 +0530

CC.No. 1346/2020 Date:28.04.2023 Page no.6 of 6

ishable U/Sec. 294(b), 323 r/w 34 of IPC Accordingly, they are acquitted U/Sec.

248 (1) Cr.P.C. The bail bonds shall stand cancelled accordingly after expiry of ap peal period.

As no property was deposited by investigating officer, no property order in respect of the same.

Typed to my dictation, after correction pronounced by me in the Open Court on this the 28 th day of April, 2023.

Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:17:22 +0530 Addl. Judicial Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad

APPENDIX OF EVIDENCE

WITNESS EXAMINED FOR PROSECUTION EXHIBITS MARKED FOR PROSECUTION: PW1: Doddikar SavithribaiEx.P1. Report Ex.P2. Sec. 161 Cr.P.C statement of PW1 FOR DEFENCE: NIL FOR DEFENCE : NIL NUMBER OF MATERIAL OBJECTS MARKED: NIL

Digitally signed Shereenaby Shereena

Date: 2023.04.28

16:17:29 +0530 Addl. Judicial Magistrate of First Classcum Addl. Junior Civil Judge, Asifabad.

Order Record 3,765 total

Case No.	Parties	Date	Type	Outcome
CC/32/2020	State of Telangana vs Vsvijay singh gomladu	01 May 2023	Judgment	Acquitted
CC/103/2021	State of Telangana vs Gajireddy Venkanna	28 Apr 2023	Order	—
CC/232/2021	State of Telangana vs Ergati Shekar	28 Apr 2023	Judgment	Acquitted
CC/271/2018	Jhade Shyamrao vs Pastham Sampath Kumar	28 Apr 2023	Judgment	Acquitted
CC/468/2021	State of Telangana, PS REBBENA vs Palagaini Venkatesh	28 Apr 2023	Judgment	Acquitted
CC/1346/2020	State of Telangana vs Doddikar Vikram	28 Apr 2023	Judgment	Acquitted
CC/100186/2018	State of Telangana through SI of Police, Ps Wankidi vs Kotrange Mahender	28 Apr 2023	Judgment	—
CC/501/2021	State of Telangana, PS REBBENA vs Gogarla Srinivas	27 Apr 2023	Order	—
CC/355/2019	SHO Wankidi vs Abdul Ravoof	25 Apr 2023	Judgment	—
CC/500/2019	SHO Wankidi vs Rodda Shankar	21 Apr 2023	Judgment	—
CC/74/2021	State of Telangana vs Dongri Subbaiah	19 Apr 2023	Judgment	—
CC/515/2019	FSO, Kannepally vs Reguntla Kumar	19 Apr 2023	Judgment	—
CC/1317/2020	State of Telangana vs Vsudutala komaraiah	19 Apr 2023	Judgment	—
CC/253/2020	State of Telangana vs Merugu Kala	12 Apr 2023	Judgment	—
CC/264/2023	State of Telangana, SHO PS Rebbena vs Thirupathi Dongri	12 Apr 2023	Order	—
JCC/46/2022	State of Telangana SHO PS Easgaon vs Bikki Sardhar@sardar Biki	12 Apr 2023	Order	—
PRC/3/2023	State of Telangana SHO Wankidi vs Rahul Mahathma	11 Apr 2023	Order	—
CC/485/2019	SHO Wankidi vs Athram Sainath	10 Apr 2023	Judgment	—
CC/87/2021	State of Telangana vs Lendugure Bhikku	04 Apr 2023	Judgment	—
CC/1029/2020	State of Telangana vs Vilas Boire	04 Apr 2023	Judgment	—
CC/159/2019	PS REBBENA vs REMMA SRINIVAS	28 Mar 2023	Judgment	—
CC/455/2020	State of Telangana vs Suresh Babu Chitla	27 Mar 2023	Judgment	—
CC/527/2019	SHO Wankidi vs Shaik Ashraf @ Arshad	27 Mar 2023	Judgment	—
CC/146/2020	State of Telangana vs Thanneru Rajeshwari	17 Mar 2023	Judgment	—
CC/249/2020	State of Telangana vs Jhadi Ashok	17 Mar 2023	Judgment	—
CC/250/2020	State of Telangana vs Rajeshwar Borkute	17 Mar 2023	Judgment	—
CC/355/2020	State of Telangana vs ATHIK MD	17 Mar 2023	Judgment	—
CC/1030/2020	State of Telangana vs Ganesh Boire	17 Mar 2023	Judgment	—
CC/585/2019	State of Telangana vs Namani Sathaih	15 Mar 2023	Judgment	—
DVC/8/2020	Sunarkar Rajitha vs Sunarkar Arun	13 Mar 2023	Order	—
PRC/4/2023	State of Telangana SHO Wankidi vs Vadgure Bapuji	13 Mar 2023	Order	—
STC/116/2023	State of Telangana SHO PS Rebbena vs Lavudya Shyam	10 Mar 2023	Order	—
JCC/37/2022	State of Telangana SHO PS Easgoan vs Madupu Bhargav	10 Mar 2023	Order	—
CC/528/2019	State of Telangana, Rebbena vs Chella Srinivas	06 Mar 2023	Judgment	—
CC/260/2023	State of Telangana SHO PS Rebbena vs Karnatham Sathish	28 Feb 2023	Order	—
CC/1207/2020	State of Telangana vs Kota Sridhar	28 Feb 2023	Judgment	—
CC/1209/2020	State of Telangana vs Namani Rajesh	28 Feb 2023	Judgment	—
PRC/2/2023	State of Telangana SHO Tiryani vs Raisidam Thelangarao	28 Feb 2023	Order	—
CC/268/2018	SK Mohammad vs Rajaveni Satheesh	27 Feb 2023	Judgment	—
CC/443/2021	State of Telangana, PS REBBENA vs Nakka Prabhakar	23 Feb 2023	Order	—
CC/438/2021	Forest Section Officer, Nowdhary vs Chilumula Venkataswami	22 Feb 2023	Judgment	—
CC/30/2020	State of Telangana vs Gandarla Suman	21 Feb 2023	Judgment	—
CC/394/2021	State of Telangana vs Sudarshan Moharle	21 Feb 2023	Judgment	—
CC/472/2022	State of Telangana SHO PS Rebbena vs Guda Manohar	21 Feb 2023	Judgment	—
PRC/1/2023	State of Telangana, SHO PS Tiryani vs Kova Donderao	20 Feb 2023	Order	—
CC/45/2021	State of Telangana vs Kota Sridhar	17 Feb 2023	Judgment	—
JCC/5/2022	State of Telangana SHO PS Asifabad vs Kudurpaka Vinod	17 Feb 2023	Order	—
JCC/8/2022	State of Telangana SHO PS Penchikalpet vs Bamandla Mohan Rao	17 Feb 2023	Order	—
JCC/40/2022	State of Telangana SHO PS Lingapur vs Rathod Sevalal	17 Feb 2023	Order	—
CC/1033/2020	State of Telangana vs Margam Sathyanarayana	16 Feb 2023	Order	—
CC/5/2022	State of Telangana, PS TIRYANI vs KURSINGA JANGU	11 Feb 2023	Order	—
CC/24/2023	State of Telangana SHO Rebbena vs Alagam srinivas	11 Feb 2023	Order	—
CC/25/2023	State of Telangana SHO Rebbena vs Ambilam Venkatesh	11 Feb 2023	Order	—
CC/28/2023	State of Telangana, SHO PS Rebbena vs Vadukkar Girmiji	11 Feb 2023	Order	—
CC/29/2023	State of Telangana, SHO PS Rebbena vs Bugga Ramesh	11 Feb 2023	Order	—
CC/265/2022	State of Telangana, PS Wankidi vs Ade Prakash	11 Feb 2023	Order	—
CC/346/2022	State of Telangana, PS Wankidi vs Santhosh Rajaveni	11 Feb 2023	Order	—
CC/419/2022	State of Telangana, PS Rebbena vs Chakati Vasanth	11 Feb 2023	Order	—
CC/421/2022	State of Telangana, PS Rebbena vs Vsegurapu rajam	11 Feb 2023	Order	—
CC/428/2022	B/Bikshapathi, vs Shri N.Uma Kanth, P.O, The SCCL Dorli-1, Open Cost, Coal Mine.	11 Feb 2023	Order	—
CC/429/2022	B. Bhikshapathi vs Shri N. Umakanth	11 Feb 2023	Order	—
CC/478/2022	State of Telangana SHo PS Rebbena vs Mathangi Ravi	11 Feb 2023	Order	—
CC/495/2021	State of Telangana, PS WANKIDI vs Kobragade Vilas	11 Feb 2023	Order	—
STC/13/2023	State of Telangana SHO Wankidi vs Thapase Shyam rao	11 Feb 2023	Order	—
STC/14/2023	State of Telangana SHO Wankidi vs VAdai Kondaiah	11 Feb 2023	Order	—
STC/15/2023	State of Telangana SHO Wankidi vs Soyam Bharath	11 Feb 2023	Order	—
STC/16/2023	State of Telangana SHO Wankidi vs Etankar Bapu rao	11 Feb 2023	Order	—
STC/17/2023	State of Telangana SHO Wankidi vs Deshkar Praveen	11 Feb 2023	Order	—
STC/18/2023	State of Telangana SHO Wankidi vs Ergati Kiran	11 Feb 2023	Order	—
STC/19/2023	State of Telangana SHO Wankidi vs Gurnule Ravuji	11 Feb 2023	Order	—
STC/34/2023	State of Telangana SHO Rebbena vs Kamera Srikanth	11 Feb 2023	Order	—
STC/35/2023	State of Telangana REbbana vs Petkule Venkatesh	11 Feb 2023	Order	—
STC/36/2023	State of Telangana Rebbana vs Chilver Dinesh Kumar	11 Feb 2023	Order	—
STC/37/2023	State of Telangana SHO WANKIDI vs Kova Shankar	11 Feb 2023	Order	—
STC/38/2023	State of Telangana SHO Wankidi vs Lobade Vinesh	11 Feb 2023	Order	—
STC/39/2023	State of Telangana Wankidi vs Doke SAI	11 Feb 2023	Order	—
STC/40/2023	State of Telangana SHO Wankidi vs Uduthala Kishtaiah	11 Feb 2023	Order	—
STC/53/2023	State of Telangana SHO Rebbena vs Siddenki Abhishek	11 Feb 2023	Order	—
STC/54/2023	State of Telangana SHO Rebbena vs Goli Prasad	11 Feb 2023	Order	—
STC/55/2023	State of Telangana SHO Rebbena vs Mekala Suresh	11 Feb 2023	Order	—
STC/56/2023	State of Telangana SHO Rebbena vs Ajmera Subba rao	11 Feb 2023	Order	—
STC/69/2023	State of Telangana SHO PS Rebbena vs Ega Prasad	11 Feb 2023	Order	—
STC/70/2023	State of Telangana SHO Rebbena vs Kodipe Poshaiah	11 Feb 2023	Order	—
STC/71/2023	State of Telangana REbbena vs Dharavath Naresh	11 Feb 2023	Order	—
STC/72/2023	State of Telangana SHO Rebbena vs Jarpula Kiran	11 Feb 2023	Order	—
STC/73/2023	State of Telangana SHO Rebbena vs Kamera Vinod Kumar	11 Feb 2023	Order	—
STC/74/2023	State of Telangana SHO Wankidi vs Koutla Gurumurthi	11 Feb 2023	Order	—
STC/75/2023	State of Telangana SHO Wankidi vs Vasaka Ramchandhar	11 Feb 2023	Order	—
STC/82/2023	State of Telangana SHO Wankidi vs Dengre Srikanth	11 Feb 2023	Order	—
STC/83/2023	State of Telangana SHO Wankidi vs Mothe balesh	11 Feb 2023	Order	—
STC/84/2023	State of Telangana Wankidi vs Lobade Poshetty	11 Feb 2023	Order	—
STC/85/2023	State of Telangana SHO Rebbena vs Eguram narayana	11 Feb 2023	Order	—
STC/86/2023	State of Telangana SHO Rebbena vs Ajmera Vijay	11 Feb 2023	Order	—
STC/87/2023	State of Telangana SHO Tiryani vs Sidam Dharma	11 Feb 2023	Order	—
STC/88/2023	State of Telangana SHO Tiryani vs Vedma janardhan	11 Feb 2023	Order	—
STC/89/2023	State of Telangana SHO Tiryani vs Mesineni Venkatesh	11 Feb 2023	Order	—
STC/90/2023	State of Telangana SHO Tiryani vs Kursenga Vinod	11 Feb 2023	Order	—
STC/91/2023	State of Telangana SHO Tiryani vs Vedma madhukar	11 Feb 2023	Order	—
STC/92/2023	State of Telangana vs Suresh Sidam	11 Feb 2023	Order	—
STC/93/2023	State of Telangana SHO Tiryani vs Athram Dashwantharao	11 Feb 2023	Order	—

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Monthly Orders (Last 12 Months)

May 2023		1
Apr 2023		19
Mar 2023		14
Feb 2023		95
Jan 2023		14
Dec 2022		24
Nov 2022		92
Oct 2022		6
Sep 2022		16
Aug 2022		22
Jul 2022		91
Jun 2022		244

Frequently Asked Questions

How many cases has Smt. Shereena Mohd handled?

Smt. Shereena Mohd has handled 3799 court orders since 2021 at Asifabad, PDJ Court Complex. The average disposal rate is 427 orders per month.

What types of cases does Smt. Shereena Mohd hear?

Based on available records, Smt. Shereena Mohd primarily handles Criminal matters (Summary Trial Cases, Criminal Cases) at Asifabad, PDJ Court Complex.

Where is Smt. Shereena Mohd currently posted?

Smt. Shereena Mohd is posted as Prl. Junior Civi Judge, Asifabad at Asifabad, PDJ Court Complex, Kumuram Bheem Asifabad, Telangana.

Are judgments by Smt. Shereena Mohd available online?

Yes. 5 judgments by Smt. Shereena Mohd are available on Legistro with full text, outcome, and sections cited.

How fast does Smt. Shereena Mohd dispose cases?

Smt. Shereena Mohd disposes approximately 427 cases per month, based on 3799 orders handled over their tenure at Asifabad, PDJ Court Complex.

Since when is Smt. Shereena Mohd serving?

Smt. Shereena Mohd has been serving at Asifabad, PDJ Court Complex since 2021.

Case Types

STC 84%

CC 14%

PRC 1%

DVC 0%

JCC 0%

LPC 0%

MC 0%

Posting History

Oct 2021 — Oct 2021

Prl. Junior Civi Judge, Asifabad
Oct 2021 — Oct 2021

Junior Civil Judge
Jan 2021 — May 2023

Addl. Junior Civil Judge, Asifabad · 3,799 orders

Outcomes on Record

Acquitted 5

Other Judges at this Court

A.Veeraiah

Prl. District and Sessions Judge, KB Asifabad

54 orders

Sri V. Sanketh Mithra

Senior Civil Judge

0 orders

Jakkula Ananthalaxmi

Prl. Junior Civi Judge, Asifabad

20 orders

← View all judges at Asifabad, PDJ Court Complex

Smt. Shereena Mohd

JUNIOR CIVIL JUDGE, ASIFABAD

Friday, this the 28 th day of April, 2023

C.C. No. 232 of 2021

// AND //

J U D G E M E N T

Shereena

“Whether the prosecution has proved the guilt for the offence punishable

U/Sec. 379 IPC against Accused No.1 and 2 and U/Sec. 379 r/w 109 of IPC

APPENDIX OF EVIDENCE

WITNESS EXAMINED FOR EXHIBITS MARKED FOR PROSECUTION:

PROSECUTION

JUNIOR CIVIL JUDGE, ASIFABAD

Friday, this the 28 th day of April, 2023

C.C. No. 468 of 2021

// AND //

J U D G E M E N T

Shereena

Shereena

Shereena

“Whether the prosecution has proved the guilt for the offence punishable

U/Sec. 379 IPC against Accused No.1 and 3 and U/Sec. 379 r/w 109 of IPC

Shereena

APPENDIX OF EVIDENCE

WITNESS EXAMINED FOR EXHIBITS MARKED FOR PROSECUTION:

PROSECUTION

ADDL. JUNIOR CIVIL JUDGE, ASIFABAD

Present:­ Smt. Shereena Mohd,

Friday, this the 28 th day of April, 2023

C.C.No. 271 of 2018

J U D G E M E N T

“Whether the prosecution has proved the guilt of accused no.1 and 2 for

the offence punishable U/Sec. 420 of IPC and Sec. 7 of Essential Commodities

APPENDIX OF EVIDENCE

Addl. Judicial Magistrate of First Class­cum­

CUM­ADDL. JUNIOR CIVIL JUDGE, ASIFABAD

Monday, this the 01 st day of May, 2023

C.C.No. 32 of 2020

// AND //

J U D G E M E N T

“48.285+0.381 % mgs of Ethyl Alcohol is found in item 1 in the blood sample of

“Whether the prosecution has proved the guilt of accused no. 1 and 2 for

the offence punishable U/Sec. 294(b), 506 r/w 34 of IPC beyond all reasonable

APPENDIX OF EVIDENCE

THE COURT OF THE ADDL.JUDICIAL MAGISTRATE OF FIRST CLASS ­CUM­

ADDL. JUNIOR CIVIL JUDGE, AT ASIFABAD

Present:­ Smt. Shereena Mohd,

Friday, this the 28 th day of April, 2023

// AND //

J U D G E M E N T

Shereena

Shereena

“Whether the prosecution has proved the guilt for the offences punishable

U/secs. 498­A, 294(b), 323 r/w 34 of IPC against accused no.1 and Sec. 294(b),

APPENDIX OF EVIDENCE

Present: Smt. Shereena Mohd,

Addl. Judicial Magistrate of First Classcum

CUMADDL. JUNIOR CIVIL JUDGE, ASIFABAD

THE COURT OF THE ADDL.JUDICIAL MAGISTRATE OF FIRST CLASS CUM

Present: Smt. Shereena Mohd,

U/secs. 498A, 294(b), 323 r/w 34 of IPC against accused no.1 and Sec. 294(b),