Andhra Pradesh High Court - Amravati
V.Akshaya Deepthi vs State Of Andhra Pradesh on 23 October, 2019
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
Criminal Petition No.6281 of 2019
ORDER:
This petition under Section 482 of Criminal Procedure Code (for short 'Cr.P.C') is filed to quash the proceedings in C.C No.2189 of 2019 pending on the file of V Additional Junior Civil Judge, Guntur, registered for the offences punishable under Sections 323, 506 and 294-B of Indian Penal Code (for short "I.P.C).
2. The petitioner is the accused No.1 in C.C.2189 of 2019 pending on the file of V Additional Junior Civil Judge, Guntur. Crime No. 49 of 2019 was registered basing on the report submitted by one Palvadi Chaitanya Kumar who is working in a Finance Company, alleging that on 23.01.2019 at about 7.30 PM, he was called to the Police Station to enquire into the allegations made against him by the mother of the petitioner/A.1 for sending objectionable messages to her daughter. The accused No.1 and others suddenly pounced upon him, abused him and his inmates, in filthy language, A.1-Akshya Deepthi slapped him while abusing in filthy language and threatened him with dire consequences. Therefore, on the strength of the complaint given by him, a case in Crime No.49 of 2019 for the offences punishable under Sections 323, 506 and 294-B I.P.C was registered. 2
3. The present petition is filed on the ground that it is a counter-case as the petitioner /A.1 and her mother lodged a complaint in Crime No.48 of 2019 which is subject matter of the same Police Station on the same day. In fact, the time of occurrence was at 7.30 PM in both the cases. Therefore, lodging of complaint by this petitioner/A.1 is abuse of process of law and requested to quash the proceedings.
4. Undoubtedly, the police registered a crime against this petitioner for various offences stated above and investigation is not yet commenced. Whereas, in the other crime, the investigation was completed and filed charge sheet before the competent Magistrate. After completion of investigation, charge sheet is filed before the V Additional Junior Civil Judge, Guntur and the same is registered as C.C.No.533 of 2017 on the file of V Additional Junior Civil Judge's Court, Guntur. The basis for this crime is, the allegations made in the charge sheet which do not disclose the commission of offences punishable under Sections 323, 506 and 294-B I.P.C and that too, it is a case where the respondent lodged a report as a counter-blast against the report lodged by mother of the respondent in Crime No.48 of 2019 of the same Police Station.
5. The petitioner is challenging the proceedings in Calendar Case No.2189 of 2019 pending on the file V Additional Junior Civil Judge, Guntur registered for the 3 offences punishable under Sections 323, 294-B and 506 I.P.C. The allegations made in the charge sheet disclose commission of offences punishable under Sections 323 and 506 I.P.C. Though the petitioner is contended several allegations, more particularly the material filed along with the Proforma charge sheet, does not disclose commission of any offence much less the offences punishable under Sections 323 and 506 I.P.C. In view of the specific contentions, it is necessary to look into the statements recorded by the police under Section 161 Cr.P.C. The statement discloses that when the 2nd respondent over a phone making certain objectionable comments, the petitioner lodged a report with the police. In the police station premises itself, when Akshaya Deepthi and her mother-Lakshmi were available, they along with others pounced upon him along with the persons accompanied him, abused them in filthy language, Akshaya Deepthi catching hold of the hand of 2nd respondent and threatened to see his end. So, the allegations made by the 2nd respondent against the petitioner specifically stating that, when the respondent went to the police station, on arrival of one Akkala Siva Sambi Reddy and Vanga Poornachandra Reddy to the Police Station, Akshaya Deepthi-the petitioner/A.1 and her mother left from that place. Akshaya Deepthi and her mother abused L.W.1 / complainant and the persons accompanied him, slapped on the left cheek of the complainant. Therefore, there is any amount of corroboration to the statement of L.W.1 - the 4 complainant. All the witnesses stated in the same lines mostly supporting the case of the respondent-complainant with regard to the incident that occurred in the Police Station premises on 23.01.2019.
6. The allegations if any accepted on its face value, based on the statements recorded by the police under Section 161 Cr.P.C during investigation, it constitutes the offences punishable under Sections 323 and 506 I.P.C. Therefore, the contention that the allegations do not constitute the offences punishable under Sections 323 and 506 of I.P.C is devoid of merits.
7. Power under Section 482 Cr.P.C can be exercised squarely on certain circumstances enumerated by the Apex Court in the judgment in State of Haryana v. Bhajan Lal1 wherein the Apex Court laid down certain guidelines.
(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(3) Where the allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.1
1992 Supp (1) SCC 335 5 (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non- cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
8. Applying the above guidelines to the present facts of the case, it is difficult to quash the proceedings against this petitioner and consequently, the petition is liable to be dismissed.
9. In the result, the Criminal Petition is dismissed.
10. Consequently, miscellaneous petitions if any pending, shall stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Dated 23.10.2019 KA 6