Smt. Gunja Mamatha Rani, v. The State Of Telangana

t34441

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY,THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 14551 OF 2025 Between:

Smt. Gunja Mamatha Rani,, W/o. Devandla Manoj Kumar, Aged 29 years, Occ. House Wife, R/o. Flat No.103, Sri Sai Homes, Road l'lo. 12, Akash Nagar, Hayathnagar, R.R district-501505,Telangana. PETITIONER/ACCUSED AND

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

2. Smt. Bandari Laxmi @ Kalavathi,, w/o. Laxman, Aged. 25 years, caste. SCMadiga Occ. House Keeper, R/o. Neela (v), Ranjal (M), Nizamabad Dist. l,low R/o. Maharajula cQlony. Alugunur (v), Thimmapur (M). Cell No.8186995162 ...RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS praying that in the circumstarrces stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the complarnt vide . SC.SPL No. l2 of 2025 on the file of the Hon'ble Special Judge for Trial of cases under SCs & STs (POA) ACT, 1989Cum lll Addl. Dist. & Sessrons Judge, Karimnagar District at Karimnagar against the petitioner/ Accused.

l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that rn the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay of all further proceedings in connection with complaint vide . SC.SPL No. 12 of 2025 on the file of the Hon'ble Special Judge for Trial of cases under SCs & STs (POA) ACT, 1989-Cum lll Addl. Dist. & Sessions Judge, Karimnagar District . At Karimnagar pending disposal of the Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GUNTI NARAHARI ,Advocate for the Petitroner and Sri. Jithender Rao Veeramalla the

/ Additional Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No. 2.

The Court made the following: ORDER (

/ // // ,-\ THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA / CRIMINAL PETITION No.14551 OF 2025 ORDER:

This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against her in S.C.Spl.No.12 of 2025 on the file of learned Special Judge for Trial of Cases under SCs & STs (POA) Act, '1989-cum-lll Additional District and Sessions Judge, Karimnagar, registered for the offences under Sections 290,323,448 and 506 of l.P.C. and Sections 3(1X|(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.

Heard Sri Gunti Narahari, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No. 1 -State.

3.

Learned counsel for the petitioner submitted that the petitioner is facing false allegatrons in this case, as the de facto complainant is motivated by the relatives of her husband to foist this false case against her. He further submitted that the petitioner herein has filed a Domestic Vioience Case and a case under Section 498A l.P.C. against the family members of her husband and thus, bearing grudge against the petitioner, the

ETD,J Crl.P.No.l455lof2025 present false case is filed against her, through the house-maid working in the house of the parents-in-law of the petitioner herein. He, therefore, prayed to quash the proceedings in the present S.C (Spl.).No.12 ot 2025 against the petitioner herein. 4.

Learned Additional Public Prosecutor submitted that the contents of the complaint disclose the offences committed by the petitioner that she has abused the de facto complainant in the name of her caste, threatened her and caught hold of her neck He, therefore, prayed to dismiss the Criminal Petition Perused the record.

6.

lt is alleged that the petitioner is living separately from her husband and inJaws. While so, on 14.06.2024 at around '15:00 hours, the petitioner went to the house ot the de facto complainant, bolted the door from inside and asked her about the events happening in her in-laws house, on which the de facto complainant replied that she does not know anything, upon which the petitioner has abused her in the name of her caste in filthy language, pressed her throat and threatened her with dire consequences. The specific abusive words are also mentioned in the complaint. Thus, pima facie case is made out against the Itt.

ETD,J Crl.P.No.14551 of2025 petitioner herein for the offences under Sections 29Q, 323, 448 and 506 of l.P.C. and Sections 3(1)(0(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act. ln the charge sheet, LW.2 is listed as an eye-witness. The veracity of this witness and the truth in the allegations shall be culled out only after a full-fledged trial. Therefore, it is deemed appropriate to dispose of the Criminal Petition by dispensing with the attendance of the petitioner before the trial Court.

7.

Accordingly, the Criminal Petition is disposed of dispensing with the attendance of the petitioner before the trial Court provided she is represented by a counsel before the trial Court on every date of hearing and shall appear before the trial Court whenever her presence is required during the course of trial. Vis9gl]glgg5 Jg$gn! pending, if any, shall stand closed. SD/. A.H.S.GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY'

To, CTION OFFICER '1 . The Special Judge For Trial Cases under SCs & STs ) Act, '1989-cum-lll Addl. Dist. & Sessions Judge at Karim Nagar. , Karim Nagar District

2. The SHO L.M.D. Colony Police Station, Karimnagar, Karimnagar District

3. One CC to SRl. GUNTI NARAHARI Advocate IOPUC]

4. Two Copies to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Cooies p,-nsL lc#_'

HIGH COURT DATED:2611112025 't\lL ( .} ,\ o 2 q IAN ?t?$ CRLP.No.14551 of 2025 * * f)

ORDER

CRIMINAL PETITION IS DISPOSED OF @