High Court for State of TelanganaCRLP/1206/2017dismissed

Purnachandra Rao Nunna v. The State Of Telangana

2017-02-10A.Shankar Narayana2 pages

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.1206 OF 2017 ORDER:

Heard Sri P. Prabhakar Reddy, learned counsel for the petitioner.

2. The petitioner - accused viz., Purnachandra Rao Nunna requests to quash the proceedings in the First Information Report in Crime No.107 of 2017 of Madhapur Police Station, Cyberabad, under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)

3. The petitioner alleged to have committed the offences punishable under Sections 354-D and 420 of the Indian Penal Code, 1860.

4. The submission of the learned counsel for the petitioner has been that betrothal ceremony took place between the petitioner and the de facto complainant, who is respondent No.2 herein, and later it was found that the de facto complainant was moving with some other persons earlier and the photographs when they were together were found and when the de facto complainant asked her to stop the connection, she bore grudge against him and falsely implicated him in the present case.

5. The learned Additional Public Prosecutor would resist the request.

ASNJ Crl. P No.1206 of 2017

6. The complaint averments would clearly indicate in paragraph No.2 that even the said photographs alleged to have taken away by the petitioner have been sent to her office colleagues which according to the de facto complainant would be affecting her character and according to the complaint averments, the petitioner intended to break the marriage alliance and to deceive her. Whether there is truth or otherwise in the allegations would be examined when the investigating officer collects evidence. However, at this stage, just based on the arguments advanced by the learned counsel, it is difficult to exercise the power to quash the proceedings viewing the complaint as abuse of process of law.

7. Therefore, the Criminal Petition is dismissed, at the admission stage itself. The Investigating Officer would resort to the procedure envisaged under Section 41A of the Code of Criminal Procedure, 1973.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

____________________________ A. SHANKAR NARAYANA, J February 10, 2017.