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Bombay High Court denies dismissal of 2010 case against Chandrababu for assaulting Dharmabad prison staff

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Bombay High Court denies dismissal of 2010 case against Chandrababu for assaulting Dharmabad prison staff

Former Andhra Pradesh Chief Minister N Chandrababu Naidu and TDP leader Nakka Ananda Babu faced a setback as the Aurangabad bench of the Bombay High Court refused to dismiss a criminal case against them. The case involved an incident where they were accused of attacking prison staff while being transferred to Aurangabad Central Jail in 2010.

Justices Mangesh Patil and Shailesh P Brahme of the division bench concluded that there was substantial evidence pointing to the involvement of both Naidu and Babu in the alleged wrongdoing. The court remarked that witness statements and medical reports of injured personnel painted a clear picture of their involvement in the crime.

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The court dismissed the duo’s plea to quash the FIR filed against them by the Dharmabad police in Maharashtra’s Nanded district. Naidu and Babu faced charges under various sections of the Indian Penal Code (IPC) for assaulting public servants, causing harm with dangerous weapons, and intentional insult with intent to provoke breach of peace.

In July 2010, the Dharmabad police arrested Naidu, Babu, and others. They were ordered to be moved to Aurangabad Central Prison, but Naidu and Babu resisted, leading to conflicts with law enforcement officers. The lawyers argued that only the Prison Superintendent had the authority to prosecute them, but the court determined that the case fell under the IPC and not the Prisons Act.

While acknowledging the strong evidence presented, the court rejected the idea that the Prisons Act prevented the registration of IPC offences or the jurisdiction of a Magistrate over such matters. As a result, the court refused to dismiss the case but provided temporary relief to the accused until July 8, 2024.

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