P. Sathasivam, J. - (1.) Leave granted.
(2.) This appeal is directed against the final judgment and order dated 28.10.2010 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Petition No. 5928 of 2010 wherein the High Court allowed the criminal petition filed by Respondent Nos. 1-3 herein and quashed the criminal proceedings pending against them.
(3.) Brief facts: (a) The Appellant, who was a defector complainant and Respondent Nos. 1-3 (accused persons) are the residents of Komaripalem village of East Godavari District. Though all of them belong to Congress Party, Respondent No. 1, Kovvuri Satyanarayana Reddy (A-1) and Respondent No. 2, Karri Venkata Mukunda Reddy (A-2) developed ill will against the Appellant and were jealous of his gaining popularity within the party as well as in their area and neighbourhood. Respondent No. 3, Mallidi Chinna Veera Venkata Satyanarayana (A-3), was initially an associate of the Appellant herein but later joined hands with A-1 and A-2. (b) In the year 2006, the Appellant contested Zila Parishad Territorial Constituency Elections as an independent candidate and won it. A-1 and A-2 developed grudge against the Appellant and they contracted Valmiki Gujjula Ramayya Kondayya (A-4) who belongs to Emmiganur Mandal of Kurnool District for killing the Appellant and gave him Rs. 7,00,000/-to purchase a vehicle and also gave separate amount for hiring goondas. A-4 hired A-5 to A-12 for the said purpose and they conspired together and hatched a plan to assault the Appellant. Further, A-3 was entrusted with the responsibility of giving information about the movements of the Appellant. (c) In pursuance of their conspiracy, on 07.11.2007 between 7:00 p.m. to 7:30 p.m. when the Appellant was proceeding in his Honda City car along with his wife and children to attend a function near J.K. Gardens, A-4, A-7 to A-12 who were in a Scorpio Car came across his car. In the meanwhile, A-5 and A-6 also came there on Bajaj Boxer Motorcycle belonging to A-2 where A-4 and A-12 broke the windowpanes of the car while A-5 sprinkled chilly powder into the eyes of the Appellant and attacked him with rods and sticks and caused injuries on his vital parts of the body which resulted in bleeding. Thereafter, A-4 to A-12 left the spot. Somehow the Appellant managed to escape from the place of incident and went to the house of Jakkampudi Raja Indra Vandir (L.W.-6), who admitted him in the hospital and informed the incident to the SHO, I Town (L &O), Police Station, Rajahmundry. (d) After completion of investigation, the S.I. filed charge sheet against A-1 to A-12 on 30.08.2008 for the offences punishable under Sections 120B, 147, 148, 427, 307, 201 read with Section 149 of the Indian Penal Code (in short "the IPC") before the Court of IInd Additional Judicial Magistrate First Class, Rajahmundry and the same was taken on file in PRC No. 14 of 2008. The Magistrate committed the case to the Ist Additional Assistant Sessions Judge, Rajahmundry for trial and the same was taken on file in Sessions Case No. 175 of 2010. (e) When the case was pending for trial, Respondent Nos. 1-3 herein preferred Criminal Petition No. 5928 of 2010 before the High Court of Andhra Pradesh under Section 482 of the Code of Criminal Procedure, 1973 (in short "the Code") to quash the criminal proceedings against them. The learned single Judge of the High Court, by impugned judgment dated 28.10.2010, allowed the petition and quashed the criminal proceedings against Respondent Nos. 1-3 herein (A-1 to A-3). Aggrieved by the said order, the Appellant-complainant has filed this appeal by way of special leave petition before this Court. ;