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High Court for State of TelanganaCRLP/1472/2019dismissed

Mallesh Kunarapu v. The State Of Telangana,

2019-04-03Shameem Akther2 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.1 4 7 2 OF 2 0 1 9 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/ accused Nos.1 to 9 seeking to quash the proceedings in Crime No.15 of 2019 of Rama Krishnapur Police Station, Ramagundam District, registered for the offences alleged under Sections 448, 290, 506, 427, 468 and 420 read with 34 I.P.C.

2 .

Heard learned counsel for the petitioners/ accused Nos.1 to 9 and the learned Additional Public Prosecutor representing respondent No.1/ State. Perused the record.

3 .

Learned counsel for the petitioners/ accused Nos.1 to 9 would contend that due to family disputes, respondent No.2/ de facto complainant lodged the subject report; that there are no allegations in the subject report constituting the aforementioned offences and ultimately, prayed to quash the proceedings in the subject crime.

4 .

Learned Additional Public Prosecutor would contend that there are several allegations against the petitioners/ accused Nos.1 to 9 constituting the offences alleged and ultimately, prayed to dismiss the petition.

5 .

In the F.I.R., dated 20.01.2019, there is specific mention that on 03.12.2018 at about 09: 00 PM, the petitioners/ accused Nos.1 to 9 trespassed into the house of respondent No.2/ de

facto complainant, abused her and damaged the house hold articles. There is also mention of threatening respondent No.2/ de facto complainant with dire consequences. Further, it is stated that an amount of Rs.10,00,000/ - was kept in the joint account of mother-in-law and son of respondent No.2/ de facto complainant.

Out of the said amount, an amount of Rs.9,00,000/ - was withdrawn by forging the signature of the son of respondent No.2/ de facto complainant.

Under these circumstances, it is not appropriate to state that there are no allegations in the F.I.R. constituting the offences alleged. The registration of F.I.R. cannot be faulted. There is no abuse of process of law, as contended by the learned counsel for petitioners/ accused Nos.1 to 9. The petition is devoid of merit and is liable to be dismissed.

6 .

Accordingly, the Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J April 03, 2019.

MD