Telangana High Court
Dr. Kadavilla Shyamano Viswamedhi And ... vs The State Of Telangana And Another on 7 February, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1223 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/Accused Nos.1 and 2 to quash the proceedings against them in Crime No.14 of 2023 pending on the file of Godavarikhani II Town Police Station Godavarikhani, Peddapalli District. The offences alleged against them are under Sections 417, 420, 306 read with Section 108 of the Indian Penal Code.
2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for respondent No.1-State.
3. The respondent No.2 filed a complaint stating that the petitioner No.1 had taken undue advantage of her visit for treatment and it is alleged in the complaint that she was raped and also petitioner No.1 promised free treatment and further promised that he would marry her. The petitioner No.1 repeatedly had sexual intercourse with her 2 over a period of time and respondent No.2 believed his version.
4. Learned counsel for the petitioners would submit that none of the ingredients or abetting suicide or cheating are made out against the petitioners, for which reason the proceedings have been quashed. It is further submitted that the respondent No.2 is mentally unsound. However, a letter was given to the Inspector of two town police station, Godavarikhani that she is of unsound mind and due to her personal problems, she attempted suicide.
5. In view of the aforesaid submission of the learned counsel for the petitioners, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.14 of 2023 pending on the file of Godavarikhani II Town Police Station Godavarikhani, Peddapalli District, to look into the issues in between the respondent No.2 and petitioners and conclude the investigation. Since the offences alleged in the FIR are punishable less than seven years, the guidelines issued by the Hon'ble Supreme Court 3 in Arnesh Kumar v. State of Bihar1 shall be followed. The petitioners shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.
Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 07.02.2023 tmk 1 (2014) 8 SCC 273