Komma Suresh v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOS: 1757 AND 2213 OF 2019 CRL.P. NO.1757 0F 2019 Between:

Smt. Komma Annapurna @ Todupunuri Annapurna, Chepuri Annapurna, W/o. K.Suresh, aged about 42 yearc, Occ. BDL Employee Rl/o. Phase - l, Self Finance Colony, Vanasthalipuram, R. R. District H.No.6-5-438, MIG-Il ...PETITIONER/ACCUSED No.2 AND

1. The State of Telangana, Rep. by its Public Prosecutor High Court at Hyderabad.

.RESPONDENT

2. N. Ravinder, S/o. N. Jagna. Aged about 39 years, Occ. Private Employee R/o.' Plot No.281, Tirumala Nagar Almasguda, R. R. District. ...RESPONDENT/COMPLAINANT :

Petition under Section 482 of Cr. P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Crime No.941/2018 registered by SHO Vanasthalipuram Police Station, Rachakonda Commissionerate l.A. NO: 1 OF 2019 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may pleased td grant stay of all further proceedings including arrest of the petition accused No.2 in connection with Crime No.941/2018 registered by SHO Vanasthalipuram Police Station, Rachakonda Commissionerate. pending disposa of the above criminal petition.

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-zCRL.P. NO.2213 0F 2019 Between:

Komma Suresh, S/o. Sri Komma Ram Raieshwar, Aged about 48 years, Occ. Business, R/o. H.No.6-5-439, MIG-ll, Phase -V, Self Finance Colony, Vanasthalipuram, R. R. District.

...PETITIONER/ACCUSED No.1 ':ji 'i'.

AND

1. The State of Telangana, Rep. by its Public Prosecutor High Court at Hyderabad.

..Respondent

2. N. Ravinder, S/o. N. Jagna Aged about 39 years, Occ. Private Employee Ri/o Plot No.28'1, Tirumala Nagar Almasguda, R. R. Diskict. RESPONDENT/COM PLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Crime No.941/2018 registered by SHO, Vanasthalipuram Police Station, Rachakonda Commissionerate.. l.A. NO: 1 OF 2019 Petition under Section 482 of Cr.P -C praying that in the circumstances ,:, stated in the Memorandum of Grounds of Criminal Petition, the High Court may bepleased to grant stay of all further proceedings against A-1 in connection with Crime No.941/20'18 registered by SHO, Vanqsthalipuram Police Station Rachakonda Commissionerate pending disposal of the above criminal petition.

'' This Petition coming on for hearing, upon perusing the fVemorandum of ". Grounds of Criminal Petition and upon hearing the arguments of Sri CH DHANAMJAYA, Advocate for the Petitioner in both the Criminal Petitions and the . Public Prosecutor on behalf of the Respondent No.1 in both the Criminal petitions.

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6\ THE HONOURABLE SRI JUSTICE K'SURENDER MINAL PETITION Nos. 1757 atd,22L3 oF 2019 CRI coMMON oRDER:

These Criminal Petitions are filed under Section 482 oftheCodeofCriminalProcedure(forshortCr.P.C.}by the petitioners/accused Nos'1 and 2 to quash the proceedings against them in FIR No'941 of 2018 on the IileoftheP.S.,Vanasthalipuram'Rachakonda'registered for the offences punishable under Sections 420' 506 and 509 of Indian Penal Code and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 20 15'

2.

Since the petitioners are arrayed as accused Nos'1 and 2 inthe very same crime i'e' FIR No'941 of 2018 and both of them sought to quash the said proceedings agarnst them, both the petitions are heard together and disposed off by way of common order'

3.

The petitioners / wife and husband are questioning the crime which was registered on the file of I l l

, Vanasthalipuram Police Station, on the basis of a private complaint which was referred for the purpose of investigation U.i, ttre Special Sessions Judge for trial of cases under SCs & STs (POA) Act. The learned Sessions Judge on 03.11.2018 has passed the following docket order:

"Heard the counsel for the complainant. Perused the complaint, documents filed along with complaint and other material on record. This court is of the opinion that the thorough investigation is required for just conclusion. Hence referred this complaint to the S.H.O Vanasthalipuram P.S.

U/sec. 156(3) Cr.P.C for investigation and report. CaIl on 03.12.2018"

4.

Learned counsel for the petitioners would submit ttrat al afhdavit is not frled in accordance with the guidelines of the Hon'ble Supreme Court in case of Priganka Sriurrstaoa and another as. State of Uttar Pradesh and othersl. In accordance with the said judgment, the complainant ought to have approached the SHO and thereafter the Superintendent of Police, if ' lzors; e scc zez

a aggrieved by the action of the SHO for not taking action on the comPlaint'

5.

The Hon'ble Supreme Court in Babu Venkatesh as' Stdte Of Kcrrnatokc,z held that the concerned Court referring case for the purpose of investigation shall give \ reasons for the said referral'

I 6.

As seen from the docket order' no reasons a-re glven and further it does not appear that the learned Sessions Judge has noted about the facts of the case' Since the complaint was not given earlier to police and also a-fhdavit was not filed while lodging the complaint' docket order is liable to be set aside'

7.

Accordingly, both the Criminal Petitions are allowed and the proceedings against the petitioners - accused Nos.l and 2 in FIR No'941 of 2018 on the hle of the P'S'' VanasthaliPuram, Rachakonda, are herebY quashed'

However, this order will not preclude the complainant 2 (2022) 5 scc 639

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from prosecuting the petitioners by following the due procedure.

Miscellaneous applications pending, if any, shall nr.rlur-r-ax ANSART :

ASSISTANT REGISTRAR ,:

//TRUE COPY// SECT N OFFICER To, The Vll Metropolitan Magistrate Cyberabad at Hayathnagar. One CC to SRI. CH DHANAMJAYA Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telanagan at Hyderabad. [OPUC] Two CD copies.

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HIGH COURT DATED:2 gt. tzoz,a i .r 1 (l:-'r COMMON ORDER CRLP.Nos.1757 &2213 of 2019 .:i.

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Both the Grl.Ps. are Allowed.

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