Bothu Prasad Rao v. The State Of A.P., Rep.By P.P., And ANR

SMT JUSTICE T.RAJANI CRIMINAL PETITION No.6722 OF 2013 ORDER:

This Criminal Petition, under section 482 of Cr.P.C., is filed by the petitioner/accused seeking to quash the proceedings in P.R.C. No.14 of 2013, pending on the file of the Court of Judicial First Class Magistrate, Chintalapudi, West Godavari District (for short, 'the trial Court'), registered for the offences punishable under Sections 376 and 506 of I.P.C. 2.

Heard learned counsel for the petitioner and the learned Public Prosecutor, appearing for the 1st respondent - State. None appears for the 2nd respondent - de-facto complainant, in spite of service of notice. 3.

Learned counsel for the petitioner submits that subsequent to filing of this complaint, the complainant addressed a letter to the Superintendent of Police, West Godavari District, stating that her earlier complaint is false and that she is working with the petitioner and when she demanded the amounts payable to her, the petitioner refused to give the amount and asked to report the matter to whomsoever she likes and she got annoyed and lodged the complaint stating that the petitioner raped her. Further, the charge sheet also shows that the complainant did not agree to undergo medical test. A copy of the letter given by the de-facto complainant in which the endorsement of S.D.P.O, Eluru, is present and treating the same as an authentic document, this Court opines that continuation of further proceedings against the petitioner would result in sheer abuse of process of law.

4.

Accordingly, the Criminal Petition is allowed and all further proceedings against the petitioner in P.R.C. No.14 of 2013 on the file of

TR,J Crl.P. No.6722 of 2013 the Court of Judicial Magistrate of First Class, Chintalapudi, West Godavari District, are hereby quashed.

5.

As a sequel, the miscellaneous petitions, if any pending, shall stand closed.

______________________ T. RAJANI, J Date: 04.10.2018.

Dsh

TR,J Crl.P. No.6722 of 2013 SMT JUSTICE T.RAJANI 06102018 CRIMINAL PETITION No.6722 OF 2013 Date. 04.10.2018 DSH