Telangana High Court
M.V.N.Ajit Chaitanya, vs The State Of Telangana, on 18 March, 2019
HONOURABLE Dr.JUSTICE B. SIVA SANKARA RAO
Criminal Petition No.12673 of 2018
ORDER:
The petitioner by name M.V.N.Ajit Chaitanya is A.2 and the 2nd respondent by name M.Neerja Rao is the defacto-complainant in C.C.No.134 of 2018 on the file of the XII Addl.Chief Metropolitan Magistrate at Hyderabad taken cognizance by the learned Magistrate for the offences punishable u/sec.509 IPC which is outcome of Cr.No.14 of 2015 of cyber crime police, Hyderabad, dt.20.01.2015 from the charge sheet filed by police against 2 accused including the petitioner as A.2, resident of Siddardha Nagar, Hyderabad besides Pachalla Yasaswi Prasad, Asst.Manager, Kotak Mahendra Bank, Sai Sadan Apartments, Sidhardha Nagar Hyderabad as A.1 by citing 6 witnesses including three Investigating Officers and two panch witnesses besides the defacto-complainant. Impugning the same, the A.2 filed the petition seeking to quash the proceedings in the Calander Case supra.
2. Before coming to the contentions in quash petition, it is necessary to mention that the notice sent to the defacto-complainant more than twice including once as left, to the address furnished in the FIR and charge sheet served is sufficient service and taken as heard and also heard the learned counsel for the petitioner/A.2 and the learned Public Prosecutor representing the 1st respondent- State and perused the material on record.
3. The main contentions in the quash petition vis-à-vis the submission of the learned counsel for the petitioner are that the petitioner/A.2 committed no offence which is actually stated to have been committed by the A.1 by calling over phone and sending text messages to the defacto-complainant and he is falsely implicated though there is no sustainable accusation against him including from the police final report and thereby the cognizance order and the police final report urged from the crime pending against him is liable to be quashed.
4. A perusal of the report of the defacto-complainant in registration of the crime dt.20.01.2015 and from the police final report including from the statement reiterating the same shows that she is a social activist of Jubilee Hills with phone No.9160418411 and fighting against politically influential land grabbers, criminal 2 elements and powerful corrupt officials of the State. She received lewd text messages and repeated phone calls since the night of 17.01.2015 harassing her by criminally intimidating and indecently attacking her dignity and integrity, which are made from 8886110568 an unknown number to her No.9160418411. She has threat to her life due to her social activities and by inducing with provocating proposals. First massage she received was a greeting for that she was polite and did not want to be rude and disrespectful and she asked the person to identify him or herself but the person kept sending her offensive and villatory messages, which displayed over familiarity and absolute pleasure in her agony and realized that he is strong willed and intentionally trying to harass her enjoying her agony. Despite repeated warnings of registering police complaints, he stated that he harass her whenever he feels bored. While so, on 17.01.2015 the transcripts of the messages she received from said person extracted as follows:-
"8886110568 : 'HAI' 17th Jan 2015 8.25 pm 9160418411 : 17th Jan 2015 at 8.26 pm 8886110568 : "question mark means" 17th Jan 2015 8.28 pm 9160418411 : 'who is this sorry. I don't have ur no' 17th Jan 2015 at 8.29 pm 8886110568 :antelyra ma number enduku untadi 17th Jan 2015 8.25 pm 9160418411 : pls identify urself--17th Jan.8.31 pm 8886110568 : don't over act o.k u have my no. 17th Jan 2015 8.38 pm 9160418411 : watch it. I am Warning u, do not disturb me warning-- 17th Jan 2015 at 8.40 pm 9160418411 : 'I do not know if u harass me trouble u will in trouble. Do not try such cheap tricks with me I am warning u.. 17th Jan 2015 8.47 pm 8886110568 : ok.. frankly I do not know u.. just if any friendship possibility. I am a gentleman.. and if u feel I am harassing u sorry.. and bye.. take care.. god should give all the happiness in the world. 17th Jan 2015 at 9 pm 9160418411 : who are you/how did you get my No? 17th Jan 2015 9.02 pm 8886110568 : 'please I cannot answer this question' 17th Jan 2015 9.03 pm 9160418411 : 'di bit disturb me again.. I am warning u. u will regret this trick for life. 17th Jan 9.06 pm 8886110568 : 'ok bye u will never get an sms from me.. 17th Jan 9.07 pm 9160418411 : I can reach your house in the next 30 minutes with the cops, you choose the wrong person, tell me who are u and how you got my number. I will let it go. Don't force me to take action 17th Jan 9.10 pm 3 8886110568 : Please sorry I will not message you 9.13 pm 9160418411 : who are u. and how did you get my number. U have to answer this directly. I will let it go. Otherwise U will have to answer the cops. U do not know who I am 9.15 pm and was receiving non stop calls and she did not answer them. Then she traced the address of the number and messaged it.
9160418411:#6-3-1109/1/P/202,Navabharath Chambers, Rajbhjavan road,Somajiguda u are number is registered on this number do u want cops to come right now. Or do u want to tell me who u are on 17th Jan at 9.30 pm 9160418411: Don't worry you can give all the details to the cops at 10.22 pm 9160418411: final chance for u to tell me the truth. If u do I will forgive u, trust me I spare no one who is sick minded The call and messages stopped for the night. She took it easy thinking that he will not repeat it again. On 18th Jan in the morning at about 10.19 am she received a message which read 8886110568 : Ok Chill will disturb you when I am bored 9160418411 : Please tell this to the Cops. I am filing a complaint today As it was Sunday, she waited till Monday morning and came to lodge a complaint."
by stating so she requested the police to take action.
5. After registering the crime supra, the police sent requisition to the network providers to furnish CDR of said phone No.8886110568 and going through the call data and tower locations emanated at SR Nagar and on credible information, L.W.4-Sub Inspector of Police, apprehended the A.1 and A.2 and L.W.5-Inspector of Police, issued notice u/sec.41(A) CrPC to the accused and they surrendered the phones which they are using and personal bonds and surety bonds obtained from them with a promise to co-operate with investigation. In the course of investigation, it is revealed that A.1 and A.2 are friends and both unmarried and searching for some woman to have sex. The petitioner/A.2 got his own house at SR Nagar and one portion was vacant to be rented, he posted an advertisement in olx.com. for which the complainant-L.W.1 responded and at that time, the A.2 observed the voice of L.W.1 as sweet and got sexual lust over L.W.1 and informed the same to A.1 and then both as a part of their plan to develop friendship with the L.W.1, sent messages and making calls as stated above.
6. In fact from the text messages, it is one of the messages on 18th January at 10.19a.m, shows she received from that phone number referred supra as "Ok Chill will disturb you when I am bored" but for that there is no word, gesture or act 4 intended to insult modesty of a woman if at all which is the necessary ingredient to attract the offence u/sec.509IPC from such text message. No doubt even though sentence in the message no way attracts the offence punishable u/sec.509 IPC but for at best Section 354-D IPC which is no doubt a cognizable offence as per the Schedule in amended CrPC. Further, it is not even the contention in the quash petition that the said cell phone number does not belong to the petitioner-A.2 and from the chargesheet shows main assailant is the petitioner/A.2 who along with A.1 planned to develop friendship with the defacto-complainant in sending messages and calling and thereby luring her if possible to achieve their intention.
7. Having regard to the above and in the result, the Criminal Petition is dismissed as there is nothing to quash the proceedings but for left open all defences available to the petitioner. Pending miscellaneous petitions, if any, shall stand closed.
_________________________ Dr. B.SIVA SANKARA RAO J, Date:18.03.2019 vvr