Telangana High Court
Soloman Raju vs State Of Telangana And Another on 17 August, 2021
Author: G. Sri Devi
Bench: G. Sri Devi
HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No. 6361 of 2021
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of the proceedings in P.R.C.No.49 of 2021 on the file of the X Additional Chief Metropolitan Magistrate, Secunderabad.
2. A charge sheet came to be filed against the petitioner/accused for the offences punishable under Sections 376, 420 and 417 IPC, with an allegation that the accused has assaulted the de-facto complainant sexually on several occasions on the pretext that he will marry her, and when she demanded for marriage, he denied on the ground that she belongs to other caste. After following the procedure prescribed, the police registered a case in Crime No.587 of 2020 for the offences punishable under Sections 376, 420 and 417 IPC. After completion of investigation, the police filed charge sheet against the accused, which was taken on file as P.R.C.No.49 of 2021.
3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the 1st respondent-State.
4. Learned counsel for the petitioner/accused submits that the petitioner is innocent and he has not committed any offence as alleged by the second respondent-de-facto complainant and a false case has been foisted in order to harass him. It is further submitted that without proper investigation, the police filed charge sheet against the petitioner with all false allegations. It is also submitted 2 that the police did not follow the procedure as laid down in Cr.P.C. in registering the crime and filing the charge sheet.
5. Learned Assistant Public Prosecutor opposed the petition contending that the statement of LW.1 shows that when she uploaded her profile in Telugu Matrimony in the year 2018, the accused approached to marry her and that on 22.09.2020 at 1300 hours, when her parents are away from the house, the accused has assaulted her sexually without her consent and after 2 to 3 times also he forcibly assaulted her sexually, later, he refused to marry her. Thus, he prays to dismiss the petition.
6. All the contentions raised by the learned Counsel for the petitioner relate to disputed questions of fact. The Court has also been called upon to adjudge the testimonial worth of the prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by the learned counsel for the petitioner. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded.
7. The law regarding sufficiency of material which may justify the summoning of the accused and also the Court's decisions to proceed against him in a given case is well settled. The Court has to eschew itself from embarking upon a roving enquiry into the last details of the case. It is also not advisable to adjudge whether the case shall ultimately end in conviction or not. Only a prima facie 3 satisfaction of the Court about the existence of sufficient ground to proceed with the matter is required.
8. On perusal of the impugned charge sheet and the material in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 Cr.P.C. This Court cannot hold a parallel trial in an application under Section 482 Cr.P.C. No such ground appears to be available to the petitioner on the basis of which the impugned charge sheet can be quashed going by the settled law in R.P.Kapur v. State of Punjab1; State of Haryana v. Bhajan Lal2; State of Bihar v. P.P.Sharma3 and Zandu Pharmaceutical Works Limited v. Mohd. Saraful Haque and another4. Hence, the prayer for quashing the proceedings in P.R.C.No.49 of 2021 on the file of the X Additional Chief Metropolitan Magistrate, Secunderabad, is refused.
9. Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this criminal petition shall stand dismissed.
____________________ JUSTICE G. SRI DEVI 17th August, 2021 sj 1 AIR 1960 SC 866 2 (1992) SCC (Cr.) 426 3 (1992) SCC (Cr.) 192 4 (2005) SCC (Cr.) 283 4 5