Pothula Tirupathi v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYOERABAD FRIDAY,THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO: 10588 OF 2023 Between:
pothula Tirupathi, s/o Bala Maltaih, Aged 39-years, occ. lnsp-ector of Police Fyo. H.No.2-2-1s5l24t64t I lA, Mallikarjun Nagar, Amberpet.- 5000013. ...PETITIONER AND The State of Telangana, Police Station Amberpet, Hyderabad' Through Public Prosecutor High Court for the State of Telangana At Hyderabad' ...RESPONDENTS XXXXXXX, XXXX XXXXXXX Rep by. Harinivas. Age- 47 years, Occ'Private Employee, R/o Flat No.07, Dwaiaka NagarColony. Mansoorabad, LB Nagar, Hyderabad - 500068 (Respondent No. 2 being a minor victim grfjs beilO-1gprqserygq!y.l'-"t.-. titne4 ..RESPoNDENT No. 2/vlcrlM GIRL 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. 504 ot 2023 dt. 16.'10.2023 on the file of Amberpet Police Station, Hyderabad.
l.A. NO: 2 OF 2023 Petition under section 482 o',f cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pi"r."J to grant stay of all further proceedings includ ing'arrest of the-Petitioners pursuant to-tne r.t.R. No. 504 of 2023 dl. 161102023 on the file of Amberpet Folice Station, Hyderabad pending disposal-Of the above Criminal Petition. This Petition coming on for hearing' upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri N. NAVEEN KUMAR, Advocate for the Petitioner and the Sri S. GANESH ASSISTANT Public Prosecutor on behalf of the Respondent No. 1 and of None appeared for the \ Respondent No.2.
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.l058a of2o23 ORDER:
This Criminal petition is filed under Section 4g2 of Cr.P.C. by the petitioner/Accused to quash the proceedings in Crime No.5O4 of 2023 on the hle of Amberpet police Station, Hyderabad registered for the offences under Sections 354 and tO9 r/w Sections 3(1)(s) and 3(1)(w) of Scheduled Caste and Scheduled Tribes (prevention of Atrocities) Act, 1989 and Section 7 rlw g of the protection of Children from Sexual Offences Act,2Ol2.
2.
Heard learned counsel for the petitioner and Sri S. Ganesh, learned Assistant public prosecutor appearing for respondent No. 1 and perused the record. 3.
It is alleged that the petitioner and the mother of respondent No.2 are living together and they were having illegal relationship outside of marriage. The petitioner tried to outrage the modesty of the victim and though respondent No.2 informed the same to her mother, she tried to convince respondent No.2 stating that if they live with the petitioner,
'i?ry\] they will have a luxurious life. The alleged incident said to have been taken place in the month of April,2022. 4.
It is further alleged in the complaint that the mother of respondent No.2 threatened her not to inform about the matter to her biological father and now the mother of respondent No.2 abused her in the name of caste and pressurized her to come back to the home for which, she committed suicide by drinking bathroom cleaner at their house and after informing the said fact to the biological father, the said complaint has been filed.
5.
It is the specific contention of the learned counsel for the petitioner that there is abnormal delay in preferring a complaint and therefore it is a fit case to quash all the further proceedings in F.I.R.No.5O4 of 2023.
6.
The learned Assistalt Public Prosecutor contended that the matter is still at the stage of crime and prayed not to grant any stay in the matter.
7 .
On perusal of the entire contents of the complaint, it is evident that there is abnormal delay i.e., alleged incident
took place in the month of April, 2022 and complaint has been filed ot 16.1O.2O23 and no reasons were assigned as to why there is delay in preferring the complaint. 8.
In vier,r, of the above, this Court is of the considerable view that the petitioner shall not be arrested in Cr.No.504 of 2023, dated 16.10.2023, on the file of Amberpet Police Station, Hyderabad. Further, the petitioner is directed not to meet the victim girl.
9.
Accordingiy, the Criminal Petition is disposed of Pending miscellaneous applications, if any, sha,ll stand closed.
Sd/- T. JAYASREE ASSISTANT REGIS AR ,TRUE COPY// SECTIO OFFICER To,
1. The lV Additional Chief Metropolitan Magistrate at Nampally Hyderabad.
2. The Station House Officer, Amberpet Police Station, Hyderabad.
3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)
4. One CC to SRl. N. NAVEEN KUIVAR, Advocate [OPUC]
5. Two CD Copies DL VH AE
t tI HIGH COURT DATED: 2011012023 g€ STATE o o [2 stt 1t2x C) r''
i C\.,( t DESPbi
ORDER
CRLP.No.10588 ol 2023 Criminal Petition is disposed of @*?
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