Telangana High Court
Miss Shadan Sultana Nizami vs The State Of Telangana on 29 April, 2019
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.1773 OF 2019
ORDER:
This Criminal Petition is filed under Section 482 of the Criminal Procedure Code, 1973 (for short 'Cr.P.C.'), by the petitioner/accused seeking to quash the proceedings in Crime No.13/2019 of Amberpet PS, Hyderabad City, which was registered for the offences under Sections 420 and 506 IPC and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short "the Act").
2. Heard Sri Ramarao Immaneni, learned counsel for the petitioner/accused, learned Additional Public Prosecutor representing the respondent No.1/State and perused the record.
3. Learned counsel for the petitioner/accused would submit that the allegations made in the First Information Report are false and even if those are taken as true on their face value, no cognizable offence is made out against the petitioner. The respondent No.2/complainant had indulged in misbehaviour, teasing etc., which resulted in filing a case in Crime No.271/2018 on the file of L.B.Nagar PS against the respondent No.2/complainant. The subject crime is registered with a delay of about one year and there is no explanation for the said delay. It makes crystal clear that the report given by the respondent No.2/complainant is false and ultimately prayed to allow the petition and quash the proceedings against the petitioner in Crime No.13/2019 on the file of Amberpet PS, Hyderabad City. 2
4. On the other hand, learned Additional Public Prosecutor would submit that the petitioner/accused has a habit of making false allegations and implicating several persons for fake offences as detailed below:
1) Cr.No.4/2019, U/s.506 IPC of Chaderghat PS
2) Cr.No.1020/2018, U/s.365, 506 IPC of L.B.Nagar PS
3) Cr.No.1178/2018, U/s.354, 324, 341, 342, 406 r/w 34 IPC of L.B.Nagar PS
4) Cr.No.875/2018, U/s. 341, 323, 504, 506 IPC of Uppal PS
5) Cr.No.448/2018, U/s.182, 417 IPC of Saifabad PS
6) Cr.No.379/2018, U/s.506 IPC of Chaderghat PS
7) Cr.No.271/2018, U/s.354, 354-D, 323 IPC of L.B.Nagar PS
8) Cr.No.182/2018, U/s.354, 341, 323, 506 IPC of Mirchowk PS
9) Cr.No.166/2018, U/s.195, 506 IPC of Mirchowk PS
10) Cr.No.143/2018, U/s.294, 506 IPC of Chaderghat PS
11) Cr.No.114/2018, U/s.354, 354-D,341, 506 IPC of Mirchowk PS
12) Cr.No.78/2018, U/s.506, 509 IPC of Nallakunta PS
13) Cr.No.64/2018, U/s.354, 354-D, 504 IPC of Mirchowk PS
14) Cr.No.216/2017, U/s. 337 IPC of Amberpet PS
15) Cr.No.41/2016, U/s.341, 509, 506 IPC of Chaderghat PS
16) Cr.No.370/2018, U/s.342, 354-A, 354-D, 506 IPC of Chaderghat PS
17) Cr.No.238/2015, U/s.506 IPC of Narayanaguda PS
18) Cr.No.1041/2014, U/s.366-A, 375, 376, 326, 307, 420, 120(B) IPC of Saifabad PS
19) Cr.No.878/2014, U/s.420, 323, 506,376(2) IPC of Saifabad PS
20) Cr.No.364/2018, U/s.352, 506 IPC of Amberpet PS
21) Cr.No.43/2019, U/s.354(A), 509, 506 IPC of Abids PS Therefore, no credibility can be given to the submissions made on behalf of the petitioner/accused and ultimately prayed to dismiss the criminal petition.3
5. As per the private complaint filed by the respondent No.2/complainant under Section 200 Cr.P.C, wherein there is specific mention that the respondent No.2/complainant is a law student, who came in contact with the petitioner/accused through his friends and both of them became friends. Thereafter, the petitioner/accused started blackmailing the complainant from 12.02.2018 on the ground of petitioner/accused having some private photos of the respondent No.2/complainant. Further, there are mentions of blackmailing the complainant and taking amounts from him. Further, there is mention of abusing the complainant in the name of his caste. Further, there is also mention of giving of amount of Rs.40,000/- to the petitioner/accused by respondent No.2/complainant on different dates. There are also other allegations of petitioner/accused foisting the false criminal case against the respondent No.2/complainant. The delay caused in filing the complaint is not fatal at this stage. Further, as per the submissions made by the learned Additional Public Prosecutor, the petitioner/accused is instrumental in filing the criminal cases against number of persons. Under these circumstances, it cannot be said that there are no allegations against the petitioner/accused constituting the offences alleged under Sections 420 and 506 IPC and Section 3 of the Act. Therefore, the registration of the subject crime cannot be faulted. The matter requires thorough investigation. The petition is devoid of merit and is liable to be dismissed.
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6. Accordingly, the Criminal Petition is dismissed.
Miscellaneous petitions, if any pending, shall stand closed.
____________________________ Dr. JUSTICE SHAMEEM AKTHER Date: 29.04.2019 scs