Goshika Narayana v. The State Of Telangana,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * CRIMINAL PETITION No.6004 of 2015 Between:
Goshika Narayana & 3 others .. Petitioners/ accused Nos.1 to 4 And The State of Telangana, through S.H.O., Matwada Police Station, Warangal District.
rep. by Public Prosecutor, High Court, Hyderabad & another .. Respondents DATE OF JUDGMENT PRONOUNCED: 09-07-2015 SUBMITTED FOR APPROVAL:
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?
2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals
3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. No.6004 of 2015 ORDER :
This Criminal Petition is filed by the petitioners/
accused Nos.1 to 4, under Section 482 Cr.P.C seeking to quash the proceedings of Crime No.43 of 2015 of Matwada Police Station, Warangal District, registered for the offence punishable under Section 3 (i) (x) of SC/ ST POA Act, out come of the said report by 2nd respondent-de facto complainant against accused Nos.1 to 4, who are no other than father-in-law, mother-in-law, brothers-in-law of de facto complainant respectively.
2) Heard learned counsel for the petitioners/ accused Nos.1 to 4 of Crime No.43 of 2015 as well as 1st respondent-State represented by learned Public prosecutor before admission and before ordering notice to 2nd respondent-de facto complainant and perused the material.
3) As per the said private complaint case, the alleged occurrence occurred on 24.02.2015 at Ramannapet, Warangal District, claiming the accused, not even the resident of that place, came to the de facto complainant and her husband where they are residing and abused touching with caste name.
4) In her very report, the de facto complainant mentioned that love marriage of her and son of accused Nos.1 and 2 by name Bhaskar was performed on 21.02.1999 at Duregshwaraswamy Temple.
5) The petitioners placed reliance upon the letter
dated 12.02.2004 addressed by the de facto complainant to accused Nos.1 and 2-her in laws that they were living happily and blessed with two children in their wedlock and inviting them.
6) The contention of the petitioners therefrom it is a false accusation that after 17 years of marital life, there is nothing for accused Nos.1 and 2 to create problems for the de facto complainant and their son and there is nothing whispered as such the continuance of proceedings is nothing but abuse of process of law.
7) In fact the material falls short to admit the application filed under Section 482 Cr.P.C to quash the FIR as there is a prima facie accusation but for to say the petitioners are entitled to concession of regular bail, hence the Criminal Petition is disposed of giving liberty to petitioners to surrender before the learned Special Judge and move for regular bail with notice to additional public prosecutor concerned and in such an event, the learned Special Judge shall grant bail with necessary conditions on the day.
Needless to say at the post bail stage, their presence before the Court can be dispensed with. Further the petitioners want to file any material including the said letter to submit Investigating Officer as part of investigation. Needless to say further remedy is left open in event of after police filing final report and after taking cognizance by the learned Magistrate.
5) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.
_________________________ Dr. B. SIVA SANKARA RAO, J 09.07.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. No.6004 of 2015
Date:09.07.2015 Knl