Telangana High Court
Smt. K.Krishna Kumari vs Smt. K.Rajyalaxmi on 28 October, 2021
Author: G. Radha Rani
Bench: G. Radha Rani
THE HON'BLE Dr. JUSTICE G. RADHA RANI
CRIMINAL PETITION No.13251 of 2011
ORDER:
This petition is filed by the petitioner under Section 482 of Cr.P.C., to call for the records of C.C. (S.R.) No.5486 of 2010 on the file of XIII Additional Metropolitan Magistrate, Hyderabad and to set aside the order dated 21.12.2010 as confirmed in Crl.R.P. No.47 of 2010 by the XVI Metropolitan Sessions Judge cum II Additional Metropolitan Sessions Judge, Nampally, Hyderabad, directing to refer the complaint to the Station House Officer, Nampally Police Station, Hyderabad for investigation.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Learned counsel for the petitioner would submit that the marriage of the son of the petitioner was performed with respondent No.1 as per Hindu Rights and Customs on 29.04.1999 at Vijayawada. The respondent No.1 filed F.C.O.P. No.580 of 2009 on the file of the learned Judge, Family Court, Hyderabad, Ranga Reddy District under Section 13(1)(ia) of the Hindu Marriage Act on 23.06.2009. She also filed a complaint on 24.08.2009 for the alleged offences under Sections 406, 420 and 506 IPC read with 34 IPC before the XIII Additional Chief Metropolitan Magistrate, Hyderabad. The same was forwarded to the Station House Officer, Woman Police Station, Dr.GRR,J 2 Crl.P. No.13251 of 2011 Begumpet, Hyderabad, for investigation. It was registered as FIR No.123 of 2009. On a requisition filed by the respondent No.3 i.e. the Inspector of Police, Women Police Station, Begumpet, North Zone, Secunderabad on 14.09.2009, the XIII Additional Chief Metropolitan Magistrate (Mahila Court), vide orders dated 16.09.2009 issued search warrant in Crl.P. No.3788 of 2009 permitting the Station House Officer, WPS, North Zone, Hyderabad, to enter into premises bearing Flat No.202, Raja Residency Apartments, Karthikeya Nagar, Street No.10, Nacharam, Hyderabad, to seize articles as per the list filed by the respondent No.1 on her identification.
4. Learned counsel further submitted that the respondent No.3 issued notice to the petitioner that he came to search and seize the articles as per the list lying in premises Plot No.402, Sree Mitra Price Apartments, Vijayapuri Colony, Tarnaka, Hyderabad, and by using force against the petitioner with the aid and assistance of two lady constables, conducted search operation and took her to the Andhra Bank, Tarnaka, Hyderabad and got opened locker No.26, which was exclusively in the name of the petitioner and her husband and seized the articles lying in the said locker for which he was not authorized to do so, but filed a search and seizure report dated 7.10.2009 with all false allegations as if he conducted the search from the premises bearing Flat No.202, Raja Residency Apartment, Kartikeya Nagar, Street No.2, Nacharam, Hyderabad and seized the articles therefrom. On an application dated 07.10.2009 submitted by the respondent No.1 Dr.GRR,J 3 Crl.P. No.13251 of 2011 in Crl.M.P. No.4207 of 2009, the Magistrate through the order dated 17.04.2010 returned the said articles. Aggrieved by the high-handed and collusive action of the respondents No.1 to 3, the petitioner filed a complaint against them under Sections 120-B, 107, 166, 167, 195 and 420 IPC requesting to take appropriate action by referring the complaint to the Station House Officer, Nampally Police Station under Section 156(3) Cr.P.C. for investigation and to punish the accused in accordance with law. The XIII Metropolitan Magistrate, without verifying the correctness of the contents of the complaint, by order dated 21.12.2010 in S.R. No.5486 of 2010, dismissed the said private complaint. Aggrieved by the same, the petitioner filed Crl.R.P. 47 of 2010 before the XVI Additional Chief Judge cum II Additional Metropolitan Sessions Judge, Hyderabad. The learned II Additional Metropolitan Sessions Judge dismissed the Crl.R.P. No.47 of 2011 Aggrieved by the same, the petitioner filed the present quash petition.
5. Learned Public Prosecutor submitted that the criminal case in CC No.747 of 2010 filed before the XIII ACMM for the offences under Sections 406, 420, 506 read with 34 IPC was still pending before the said court.
6. As the criminal case in which the search warrant is issued is still pending, it is considered fit to dispose of this petition by giving a direction to the petitioner, who is one of the accused in the said case to bring the illegality if any committed by the respondent No.3 - Inspector of Police, Women Police Station, Begumpet, in executing Dr.GRR,J 4 Crl.P. No.13251 of 2011 the search warrant to the notice of the XIII Additional Metropolitan Magistrate, Hyderabad, in CC No.747 of 2010 for taking action in accordance with law, while trying the case.
7. In the facts and circumstances of the case, the Criminal Petition is disposed of directing the petitioner to bring the illegality, if any, committed by the respondent No.3 in executing the search warrant to the notice of the XIII Additional Metropolitan Magistrate, Hyderabad, in CC No.747 of 2010, which is still pending and the trial Court is directed to take action as per law.
Miscellaneous Petitions pending, if any, shall stand closed.
_____________________ Dr. G. RADHA RANI, J October 28, 2021 KTL