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High Court for State of TelanganaCRLP/1428/2018disposed of no costs

V.Sugunamma v. State Of Telangana

2018-02-08Shameem Akther2 pages

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.1428 OF 2018 ORDER:

Heard learned counsel for the petitioners/A.2 and A.3, learned Additional Public Prosecutor for respondent State and perused the record.

This petition is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.643 of 2017, Meerpet Police Station, Rachakonda Commissionerate, Ranga Reddy District. Learned counsel for the petitioners would submit that the petitioners/A.2 and A.3 have no role to play in the alleged offence that took place on 25.11.2017, but a report was lodged on 27.11.2017. There are no allegations against the petitioners constituting the offences punishable under Sections 342, 354, 406, 506 read with Section 34 IPC and 3(1)(r)(s)(w) SCs & STs (POA) Amendment Act, 2015. The petitioners did not know the caste of the de facto complainant. No alleged incident took place and ultimately prayed to allow the petition.

As per the report dated 27.11.2017 lodged by respondent No.2, when she went to the house of the petitioners/A.2 and A.3, the petitioners/A.2 and A.3 along with A1 abused her in the name of caste, wrongly confined and beat her by putting a cloth in her mouth. There are other allegations with regard to A1 that he has taken an amount of Rs.3,00,000/- and purchased a Innova car in his name. When the amount was demanded, he did not pay the same which ultimately led to the subject incident. There are allegations against the petitioners/A.2 and A.3 constituting the offences under Sections 342, 354, 406, 506 read with Section 34

IPC and 3(1)(r)(s)(w) SCs & STs (POA) Amendment Act, 2015. In view of the material placed on record, it cannot be held that no alleged incident took place and the petitioners/A.2 and A.3 are falsely roped into this case. The delay of two days is not a fatal to discard the case of prosecution. Under these circumstances, this petition is devoid of merits and is liable to be dismissed. In the result, the Criminal Petition is dismissed. The Miscellaneous Petitions, if any, pending shall stand closed.

___________________________ Dr. SHAMEEM AKTHER, J 08th February, 2018.

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