Bandari Prabhu, v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.420 OF 2015 ORDER:

This Criminal Revision Case is preferred by the petitioner/de facto complainant under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") challenging the order, dated 6.8.2014, in protest petition in Crime No.301 of 2011 on the file of the II Additional Junior Civil Judge - cum - XIX Metropolitan Magistrate, Cyberabad, Kukatpally at Miyapur.

2. The petitioner filed a private complaint under Section 200 Cr.P.C. for the offence punishable under Section 295-A I.P.C. against the respondents herein on the ground that on 24.3.2011, in Eenadu Telugu Daily Newspaper, in its front page headline, a news item was published as "SRI KRISHNUDI GEETHA RAHASYAM BATTABAYALU" and prayed to take action against them, as it hurt the religious feelings of many people. The complaint was referred to Police Station, Balanagar and the same was registered as F.I.R.No.301 of 2011 on 16.7.2011. The police filed a final report, dated 22.11.2011, under Section 173 Cr.P.C. closing the matter as "Mistake of fact". Having not satisfied with the final report, the petitioner filed a protest petition in Crime No.

301 of 2011 requesting the Court to reject the final report filed by the police by conducting enquiry and to take cognizance of the said offence, and the same was dismissed on the ground that the sworn statements of witnesses and Ex.P-1 prima facie did not disclose the ingredients of offence punishable under Section 295-A I.P.C. Challenging the same, the petitioner filed the present Revision Case.

3. Heard and perused the material available on record.

4. Considering the facts and circumstances of the case, this Court

is of the view that the trial Court rightly dismissed the protest petition in accordance with law in view of the fact that the statements of the witnesses and Ex.P-1 did not disclose any deliberate and malicious intention of the respondents to outrage the religious feelings of any class. Hence, that order needs no interference of this Court and the Criminal Revision Case fails and is liable to be dismissed.

5. Accordingly, the Criminal Revision Case is dismissed.

6. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.

_________________________ JUSTICE RAJA ELANGO 27.6.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRl.R.C.No.420 OF 2015 Date:27.6.2016 AMD