KODAVALURU DAMODHAR REDDY Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-9-69
HIGH COURT OF ANDHRA PRADESH
Decided on September 25,2019

Kodavaluru Damodhar Reddy Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

U. Durga Prasad Rao, J. - (1.)In this Criminal Petition, filed under Section 482 of Cr.P.C., the Petitioner/Accused No.14 seeks to quash the proceedings against him in C.C. No.85 of 2018, pending on the file of learned Judicial Magistrate of First Class, Kota, SPSR Nellore district (for short, 'the trial Court'), which was taken cognizance for the offences under Sections 143, 147, 148, 447, 324 and 326 R/w.149 of IPC.
(2.)The brief facts of the case are that there are disputes between two groups in holding the management of NBKR Engineering College, Vidyanagar, Kota mandal, Nellore district. One group is led by Nedurumalli Padmanabha Reddy, who is the former correspondent, and another group is led by Nedurumalli Ram Kumar Reddy, who is the present correspondent. LWs.1 to 5 are the followers of Padmanabha Reddy, whereas Accused Nos.1 to 9, 11 and 13 are the followers of Ram Kumar Reddy. As per the version of LWs.1 to 6, the present college management has been harassing them by not implementing the PRC 2014 and keeping the parking place at main gate, which is at a distance of half kilometre from the workplace of LWs.1 to 5. On 05.01.2018, when LWs.1 to 5 were proceeding to their houses A-1 to A-9, A-11 and A-13 trespassed into the college premises by pushing aside the security staff, formed into an unlawful assembly, armed with deadly weapons like iron rods, sticks and attacked LWs.1 to 5 and they were shifted to Government hospital, Kota for treatment. On the statement of LW.1, the Crime No.6 of 2018 was registered and investigated into. After completion of investigation, the Investigation Officer filed charge sheet against Accused Nos.1, 2, 4 to 9, 11 and 13, while omitting Accused Nos.10, 12 and 14 observing that no prima-facie case was established against them. However, learned Magistrate took cognizance of the offences against Accused Nos.1 to 14 and issued summonses to them.
Hence, the instant petition by accused No.14.

(3.)Heard learned counsel for the petitioner, learned Additional Public Prosecutor, appearing for the 1st respondent-State, and perused the record.
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