Telangana High Court
B.Subramanyam Naik 6 Others vs The State Of Ap., Rep By Pp Another on 8 February, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.2166 of 2013
ORDER :
This Criminal Petition is filed under Section 482 of Cr.P.C. seeking the Court to quash the proceedings in C.C.No.48 of 2012, which are pending against the petitioners/Accused Nos.1 to 7, before the Court of XIII Additional Chief Metropolitan Magistrate, Hyderabad.
2. By order dated 19.03.2013, the present Criminal Petition stood dismissed against petitioner Nos.1 and 2 i.e. Accused Nos.1 and 2. Therefore, the proceedings went on against petitioner Nos.3 to 7 only.
3. Learned counsel for the petitioners submits that petitioner Nos.3 to 7 are Accused Nos.3 to 7 in the Calendar Case. Further, the only submission made by learned counsel for the petitioners is that in the complaint given, the date, time and place of offence are not mentioned and on that ground alone, the proceedings in the Calendar Case have to be quashed.
2 Dr. CSL,J Crl.P.No.2166 of 2013
4. The learned Assistant Public Prosecutor, who is representing respondent No.1, states that orders may be passed on merits.
5. Learned counsel for respondent No.2 submits that the complainant i.e. respondent No.2 and Accused No.1, who are wife and husband, are not living together. As far as present Criminal Petition is concerned, he states that the matter may be disposed of on merits.
6. A perusal of the complaint that was given to the police by respondent No.2/defacto complainant goes to show that her marriage with Accused No.1 was performed on 12.05.1995 and a sum of Rs.10,000/- was given as dowry at that time. She stayed with her husband and in- laws at Tirupati from 1995 to 1997 and they tried to stop her from studying, for which she did not agree. She was tortured by her husband and in-laws physically and mentally for no reason and she was beat by her husband many times.
3 Dr. CSL,J Crl.P.No.2166 of 2013
7. Her fee for pursuing M.B.B.S. was paid by her husband to some extent. Her husband suspected her character and she was stopped from speaking to her son. She gave a complaint to the police at Tirupati also. She was threatened by her husband, her brothers-in-law and her father-in-law that her parents would be attacked and she would be killed.
8. These allegations formed basis for registration of case in Crime No.127 of 2011 by Punjagutta Police, Hyderabad. Subsequently, charge sheet was filed. The petitioners are now seeking to quash the said charge sheet.
9. As earlier stated, the submission of learned counsel for the petitioners is that the date, time and place of offence were not stated specifically by the defacto- complainant. The allegations laid are that the petitioners committed offences punishable under Sections 498-A, 406, 506 r/w. Section 34 of IPC.
10. It is not the case that the complaint does not contain any material particulars. The truth or otherwise of the 4 Dr. CSL,J Crl.P.No.2166 of 2013 allegations have to be established before the Court through proper evidence. Triable issues are found. Therefore, this Court is of the view that there are no justifiable grounds whatsoever to quash the proceedings.
11. Resultantly, this Criminal Petition is dismissed. Interim stay granted by this Court on 19.03.2013 shall stand vacated.
12. As a sequel, miscellaneous applications pending, if any, shall stand closed.
_________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 08.02.2022.
Msr 5 Dr. CSL,J Crl.P.No.2166 of 2013 THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.2166 of 2013 08.02.2022 (Msr)