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Showing contexts for: 354c in Purvi Goswami vs The State Of Andhra Pradesh on 24 July, 2020Matching Fragments
This Criminal Petition is filed by the petitioner/A-2 under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings in FIR No.523 of 2020 of Pendurthi Police Station, Visakhapatnam District, registered for the offences punishable under Sections 376, 420, 313, 354C, 325 and 506 of the Indian Penal Code, 1860.
Heard Sri Penumaka Venkata Rao, learned counsel for the petitioner/A-2 and the learned Public Prosecutor appearing for the respondent-State.
The police registered a case in Crime No.523 of 2020 of Pendurthi Police Station, Visakhapatnam District, for the offences punishable under Sections 376, 420, 313, 354C, 325 and 506 IPC, on the complaint given by the 2nd respondent-de facto complainant, stating that one Nilesh Goswami, who was arrayed A-1, stalked her in face book from 2012 and that in April, 2016 he invited her to discuss regarding blood camp activity, took her to some unknown place near to Military road in his Scorpio in Kutch and raped her and recorded the incident on video and threatened her that he would publicize the same if she moved for report and coerced her and blackmailed her. It is further alleged that when the 2nd respondent asked A-1 to marry her, in the month of January, 2018, A-1 asked her to come to Visakhapatnam and when she came from Ahemedbad, he picked up her at the Railway Station, Visakhapatnam and taken her to his house and made her stay without marrying her and had sexual intercourse forcibly with her continuously and became her pregnant. It is further alleged 2 MGR, J that when the A-1 taken away amounts lying in the bank account of the 2nd respondent and also gold jewellery worth Rs.1,50,000/- and when the 2nd respondent went to the house of A-1 and informed the same to the petitioner/A-2, both A-1 and the petitioner/A-2 beat her badly in black and blue and broken her right hand finger. Both A-1 and the petitioner beat her severely and threatened to kill her with dire consequences.
On the other hand, the learned Special Public Prosecutor contends that a reading of the complaint given by the complainant on which the crime was registered clearly discloses the alleged offences under Sections 376, 420, 313, 354C, 325 and 506 IPC and that the petitioner/accused has not made out any case to quash the FIR, and hence, the criminal petition is liable to be dismissed.
3 MGR, J Having regard to the submissions of the learned counsel and on perusal of the material on record, the contentions of the learned counsel for the petitioner that the complaint does not disclose any offence for which the crime was registered against the petitioner and that she was falsely implicated in the alleged offences, based on the false complaint are untenable.