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CHEQUE BOUNS CASE

When the P.R.C. can be converted in to CALENDER CASE ? There cannot be any dispute that the offence of abetment, which is the object of conspiracy, is triable by a Court. If the allegation made out in the charge sheet does not make out a case under Section 120-B I.P.C., i.e., criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, then only the question of converting the P.R.C. into a Calendar Case arises. The allegation in the charge sheet goes to show that the petitioner paid an amount of Rs.50,000/- each to A-1 and A-2 and also an amount of Rs.70,000/- to A-1 for purchasing the country made tapancha. The country made tapancha was purchased at the cost of Rs.6,500/- and A-1, A-2 and A-4 also purchased five liver rounds. Again, the petitioner gave Rs.25,000/- to A-1 at the behest of A-4 for purchase of weapons so as to eliminate the husband of Teena. Conspiracy is defined under Section 120-A I.P.C., viz., when two or more persons agree to do or cause to be done – (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy. The agreement is the gist of the offence of conspiracy. Conspiracy to commit an offence is itself an offence. The proviso to Section 120-A I.P.C. reads that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parting to such agreement in pursuance thereof. The conspiracy alleged in the case on hand is handing over the tapancha along with the weapons to A-1 and A-2 so as to eliminate the husband of Teena. No doubt, the act has not been completed but the conspiracy is to eliminate a person, which is illegal, and by illegal means, A-1 to A-3 conspired together. Therefore, the uncovered allegations in the charge sheet made out a prima facie case under Section 120-B I.P.C., which is triable by a Court of Sessions as the conspiracy is to cause the death of one person (husband of Teena). Hence, the question of converting the P.R.C. into Calendar Case does not arise and the Criminal Petition is liable to be dismissed.

12 bore Paradox gun bullets, Hollow point (lef...

12 bore Paradox gun bullets, Hollow point (left) and Cross cut (right) (Photo credit: Wikipedia)

A.P.HIGH COURT

THE HON’BLE SRI JUSTICE K.C.BHANU

CRIMINAL PETITION NO.929 OF 2012

 

ORDER:

This Criminal Petition is filed by the petitioner/A-3 under Section 482 Cr.P.C. seeking direction to IX Additional Chief Metropolitan Magistrate, Hyderabad to convert P.R.C.No.16 of 2009 into Calendar Case and try the same as a Calendar Case.

2.       It is stated in the petition that the petitioner is an accused in Crime No.170 of 2008 of Narayanaguda Police Station. A charge sheet has been filed against the petitioner and four others for the offences under Section 25(1)(a)(b) and 27 of the Arms Act and Section 120-B I.P.C. and the same was taken on file as P.R.C.No.16 of 2009.  On 15.04.2008, during vehicle checking near Kohinoor Institute, Narayanaguda Fly over Bridge at 1.45 p.m., the police found two persons moving under suspicious circumstances on a Hero Honda Motor Bike.  On seeing them, the police enquired about their identity and those two persons started running by leaving the bike.  They were apprehended and police recovered one Tapancha (country made) (5) 8 m.m. live ammunition and one dagger. They disclosed their names and they were arrayed as A-1 and A-2 in the above crime.  After investigation, the police filed charge sheet stating that A-3 developed love affair with one Tina of Lal Darwaza; that she was subsequently married to Ramappa; that as such, A-3 wanted to do away Tina’s husband so as to get her back and in this connection, he secured A-1, A-2 and A-4; that on the request of A-1, A-2 purchased a country made tappancha and A-3 paid the amount and they could not carry out the plan as Ramappa was in United Kingdom.  The case was taken as P.R.C.No.16 of 2009. The petitioner filed Crl.M.P.No.1261 of 2009 for conversion of P.R.C. into Calendar Case as the said case cannot be committed to Court of Sessions.  The said application was dismissed on 28.06.2011.

The petitioner was charge sheeted for offences under Sections 25 and 27 of the Arms Act, which are the principal offences, and Section 120-B I.P.C. for conspiracy to commit such offences.  No charge sheet was filed for an offence under Section 307 I.P.C. So, the question of committal of the case to the Court of Sessions does not arise and the case has to be tried as Calendar Case only.  Hence, the petition.

3.       Learned counsel for the petitioner contended that the entire charge sheet, if taken as true and correct, does not make out a case under Section 120-B I.P.C.; that therefore, the other two offences are triable by the Magistrate and hence, he prays to convert the P.R.C. into a calendar case.

4.       There cannot be any dispute that the offence of abetment, which is the object of conspiracy, is triable by a Court.  If the allegation made out in the charge sheet does not make out a case under Section 120-B I.P.C., i.e., criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, then only the question of converting the P.R.C. into a Calendar Case arises.  The allegation in the charge sheet goes to show that the petitioner paid an amount of Rs.50,000/- each to A-1 and A-2 and also an amount of Rs.70,000/- to A-1 for purchasing the country made tapancha.  The country made tapancha was purchased at the cost of Rs.6,500/- and A-1, A-2 and  A-4 also purchased five liver rounds. Again, the petitioner gave Rs.25,000/- to A-1 at the behest of A-4 for purchase of weapons so as to eliminate the husband of Teena.  Conspiracy is defined under Section 120-A I.P.C., viz., when two or more persons agree to do or cause to be done – (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.  The agreement is the gist of the offence of conspiracy.  Conspiracy to commit an offence is itself an offence.  The proviso to Section 120-A I.P.C. reads that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parting to such agreement in pursuance thereof.  The conspiracy alleged in the case on hand is handing over the tapancha along with the weapons to A-1 and A-2 so as to eliminate the husband of Teena.  No doubt, the act has not been completed but the conspiracy is to eliminate a person, which is illegal, and by illegal means, A-1 to A-3 conspired together.  Therefore, the uncovered allegations in the charge sheet made out a prima facie case under Section 120-B I.P.C., which is triable by a Court of Sessions as the conspiracy is to cause the death of one person (husband of Teena).  Hence, the question of converting the P.R.C. into Calendar Case does not arise and the Criminal Petition is liable to be dismissed.

5.       Accordingly, the Criminal Petition is dismissed.

______________________

JUSTICE K.C.BHANU

Date: 24.01.2012

AMD


 THE HON’BLE SRI JUSTICE K.C.BHANU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRIMINAL PETITION NO.929 OF 2012

 

DATE: 24.01.2012

 

AMD

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