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High Court for State of TelanganaCRLP/6750/2021dismissed

Varidireddy Sujikar Reddy v. The State Of Telangana

2021-08-31Shameem Akther4 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 6750 OF 2021 Between:

Varidireddy Sujikar Reddy, ...PETITIONEFUACCUSED NO.1 AND

1. The State of Telangana, Station House Officer, Police Station NTPC, Ramagundam, Rep. by its Public Prosecutor, High Court ofJudicature for the State of Telangana at Hyderabad.

2. Mudgamala Anusha Reddy.

...RESPONDENTS/COMPLAINANTS 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 call for the records in F.l.R. No.155 of 2021 on the file of P.S. NTPC, Ramagundam and quash the same.

l.A. NO: 2 OF 2021 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 grant stay of all further proceedings including arrest of the petitioner pursuant to the F.l.R. No.155 o'f 2021 on the file of P.S. NTPC, Ramagundam,pending disposal of Criminal Petition.

This Petition coming on for hearing, upon perusing the l\/emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A.VENKATESH, Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of the Respondent No.1 .

The Court made the following: ORDER

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER CRIMIN AL PETITION No.6750 of 02L ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A1 to quash the proceedings in FIR No.155 of 2021 of NTPC Police Station, Ramagundam, registered for the offences punishable under Section 498-4 of IPC and Section 4 of Dowry Prohibition Act, 1961. 2.

Heard the learned counsel for the petitioneriAl, the learned Assistant Public Prosecutor for respondent No.1-St,ete and perused the record.

3.

The learned counsel for the petitioner/Al would submit that there is no single allegation against the petitioner/Al in the FIR dated 20.07.2021 lodged with the police, constituting the offences punishable under Section 498-4 and Section 4 of Dowry Prohibition Act. Further, there is also no single allegation in the legal notice, dated 11.03.2021, issued against the petitioner/A1, constituting the offences in relation to dowry harassment. There is inconsistency in the legal notice and the subject report lodged with !

the police and ultimately prayed to allow the criminal petition as prayed for.

4. On the other hand, learned Assistant Public Prosecutor representing respondent No.1-State opposed the petition and contended that ln the FIR dated 20.07.2021, there is specific mention of demand of additional dowry, harassment etc., constituting the offences punishable under Seclion 498-A and

Section 4 of Dowry Prohibition Act to substantiate the accusations levelled against the petitioner/Al, The contentions made on behalf of the petitioner/A1 do not merit consideration and ultimately, prayed to dismiss the criminal petition.

5. As seen from the report dated 20.07.2027 lodged by the de facto complainant, i,e wife of the petitioner/A1, there is * specific mention about the demand of additional dowry and harassment etc. If there is any inconsistency in the legal notice and 1i the contents of the report lodged by the de facto complainant, those can be examined by the trial Court in the course of appreciation of evidence. There are bundle of serious allegations against the petitioner/A1 constituting the offences punishable under Section 498-A and Section 4 of Dowry Prohibition Act. Therefore, registration of subject crime and issuance of FIR against the petitioner/A.1 cannot be faulted with. The criminal petition is devoid of merit and is liable to be dismissed 6.

Accordingly, the Criminal Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed. t Sd/.K.ONESIN,l ASSISTANT REGIS P //TRUE COPY// SECTION OFFICER To

1. The Station House Officer, Police Station, NTPC, Ramagundam.

2. Iwo CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad (OUT)

3. One CC to Sri A.Venkatesh, Advocate (OPUC)

4. Two CD Copies

5. One Spare Copy Kj.

*-- i i $

HIGH COURT DATED:31/08/2021 HE s iAI€ (

ORDER

Z o c) o .L 17 tEP2021 CRLP.No.6750 of 2021 * l^"

c.'DATC DISMISSED.

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