Telangana High Court
Smt Goura Lavanya vs The State Of Telangana on 19 June, 2023
HONOURABLE SMT. JUSTICE G.ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.125 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- Accused Nos.1 &2 to quash the proceedings against them in C.C.No.2471 of 2022 pending on the file of I Additional Metropolitan Magistrate Cyberabad, LB Nagar. The offences alleged against them are under Sections 448, 427, r/w 34 of IPC.
2. Heard learned counsel for the petitioner-Accused Nos.1&2 and Sri.S.Ganesh, learned Assistant Public Prosecutor for respondent No.1/State.
3. It is the contention of learned counsel for the petitioner that basing on the complaint of the de-facto complainant the case was registered against the petitioner for the alleged offences under Sections 448, 427 r/w 34 of IPC. It is the case of the prosecution that respondent No.2 owns old house beraing door No.5-135 at Balapur Village on 26.02.2022. After marriage of the daughter of the complaint, he placed some items i.e.,
1)Silver Leg Chains- 6 Thulas, 2) Silver Kumkum Barini 3) Gold Chain 1.5 grams 4) Net cash Rs. 85,000/- 5) sale deed bearing Document No. 2 385/2004 6) PACSL Bank pass book in a suit case and locked the house and went to Srisailam temple on 25.02.2022 and returned back to home on 26.02.2022. At about 10.00 am, the neighbours of the complainant told him that his sister i.e., petitioner No.1 and brother in law/ petitioner No.2 came to his house illegally trespassed into the house by breaking the lock and took the suit case from his house. Then he noticed that the above mentioned documents and ornaments were missing from the home.
4. Admittedly, the petitioners are the blood relatives and respondent No.2 is the brother of petitioner No.1 herein and there are internal civil disputes between both of them in relation to which a criminal case was filed against them.
5. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to be quashed.
6. The crime was registered against the petitioner for the offences under sections 448, 427, 379 r/w 34 of I.P.C but after due investigation the section of law under Section 379 of I.P.C was deleted. Initially, this court granted stay and the interim orders were extended from time to time. After hearing of the case, this Court is of the considered opinion that the trial cannot be stalled for a long and there are specific overtacts made against the petitioners herein as to the alleged offences. The investigation clearly 3 revealed that the surrounding people have informed that the door lock was broke up by the petitioners herein in the absence of the respondent No.2. Since the entire allegations are levelled against both the petitioners, this Court is of the opinion that it is not a fit case to be quashed.
7. Therefore, this criminal petition is dismissed as devoid of merits. If at all the petitioners are innocent, they are at liberty to move a petition for discharge before the trial court.
8. With the above said observations, the Criminal Petition is dismissed as devoid of merits.
Pending miscellaneous applications, if any, shall stand closed.
_________________________________ G.ANUPAMA CHAKRAVARTHY, J Date :19.06.2023 PL/LK