Konda Komuraiah And 3 Others v. State Of Telangana And Another

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.4344 of 2018 ORDER:

This petition is filed under Section 482 Cr.P.C by the petitioners/A2 to A5 seek to quash the proceedings in Crime No. 429/2017 of Mohaboobabad Town Police Station, Mohaboobabad District, registered against them for the offences under Sections 376(2) (n), 417 & 506 IPC r/w Sections 5(1) and 6 of Protection of Children from Sexual Offences Act, 2012.

2.

As can be seen from the complaint, the main allegations are against A1. They would reveal that A1 allegedly induced the complainant to love him on the pretext of marriage and had sexual intercourse with her and in June, 2016 he took her to Yadagiri Gutta and tied tali and told her that he would marry legally after she became major and took her to Hyderabad and kept her in a room in Uppal and they lead conjugal life for about five months and thereafter she became pregnant. Ultimately he cheated her. Petitioners/A2 to A5 are relations of A1 i.e., A2 and A3 are parents and A4 and A5 are the married sisters of A1. The allegations against them are that while the complainant was pregnant, petitioners/accused went to see her at Hyderabad and when she was admitted in JOYA Hospital at Khammam and when she delivered baby on 26.8.

2017, all of them went and saw her. Thereafter, the petitioners went to the owner of the house where the complainant and A1 were residing and asked him to send away the complainant and A1. They also demanded the complainant to give the newly born baby to them and if she agree they would pay Rs. 5,00,000/-to her and as otherwise they would kill her.

3.

The submission of learned counsel for petitioners is that even if the prosecution allegations are taken to be true, the only charge that can be leveled

UDPR, J Crl.P No. 4344 OF 2018 against the petitioners/A2 to A5 is under Section 506 IPC. He thus prayed to quash the proceedings against petitioners.

4.

As can be seen from the complaint allegations, undoubtedly, there is a prima facie case against A1. The allegations which are leveled against petitioners/A2 to A5 are already narrated supra. In the considered view of this Court, the investigation shall proceed to its logical end. It is informed that the petitioners are on bail. In these circumstances, the investigation shall be completed by the Investigating Officer expeditiously.

5.

Accordingly, the Criminal Petition is disposed of. As a sequel there to, miscellaneous applications, pending if any, shall stand closed. _________________________ U.DURGA PRASAD RAO, J Date: 02.05.2018 KA