Pusala Ramesh, v. The State Of Telangana,
132s1 1
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD :
TUESDAY ,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 12307 OF 2018 Between:
I Pusala Ramesh, S/o. P. Seshaiah, aged 28 years, Occ.Private Employee, Rl/o. Flat No. 47, Road No. 7A, Sudarshan Nagar, Sheri[ngampally [Vlandal ..,PETITIONERYACCUSEO AND 1 . The State of Telangana, rep.by S.H.O., Gachibowli P.S., Cyberabad through the PUBLIC PROSECUTOR High Court of Hyderabad for the state of TS
2. Smt. Laxmi Sen, Wo. Devashish Ganguli, aged 27 years, Occ.Beautician, R/o, Silver Diamond P.G, Madhapur, N/o. Goleti Township, Quarter No. Special D type-S, Ballampally Area, Manchiryala District, Ph. No. 9618780687 ...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 C.O. No.50171.O of 2O18 on the file of the Court of the XXV Metropolitan Magistrate Kukatpally At Prashanti Nagar, in Crime No. 242 of 2018, Gachibowli P.S., Cyberabad, for the offence under section 354 of IPC and quash the same as it is abuse of process of law. l.A. NO: 1OF 2018 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 stay of all further proceedings in pursuant to the C.0 No.501 710 of 2018 on the file of the Court of the XXV Metropolitan Magistrate Kukatpally At Prashanti Nagar, pending disposal of the main Criminal Petition. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAMANA ALLU, Advocate for the Petitioner and the Addl. Public Prosecutor on behalf of the Respondent No-1 and of Respondent No.2 is not appears in personal or by Advocate.
The Court made the following: O'RDER
THE HON'BLE SRIIUSTICE K.SURENDER CRIMINAL PETITION No.12307 0F 2018 ORDER:
This Criminal Petition is filed under Section 4g2 of the Code of Criminal Procedure, 1923 (for short ,Cr.p.C.,) by the petitioner/accused to quash the proceedings in C.C.No.501710 of 2018 on rhe file of the XXV Metropolitan Magistrate, Kukatpally at prashanthi Nagar, registered for the offence punishable under Section 354 of Indian penal Code (for short'IPC').
2.
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the respondent_State and perused the record.
3.
The case against the petitioner is that he called the de facto complainant, who is a Beautician. On 20.03.201g the petitioner called her for doing facial as his marriage was near. Again on 21.03.2018 also the petitioner called her on phone for getting her to his house and he picked up her to
l his house and there was no one in the house. When the de facto complainant expressed that there was no one in the house, the petitioner stated that there is nothing to worry While doing facial, he abused her and asked her to remove legging and walk on his back. Further, the petitioner held her hands and tried to pull her in to the bedroom, for which reason she shouted and went away from there.
4.
Learned counsel for the petitioner would submit that a false case was filed against the petitioner, only for the reason of the petitioner not paying the alleged charge amount of Rs.3400/- but only Rs.1500/- was given. Further, there are no other witnesses to the alleged incident. In the circumstances, the proceedings have to be quashed.
5. On the other hand learned Additional Public Prosecutor argued that the issues are triable issues and it is for the de facto complainant to state before the Court and on the basis of her statement, trial Court would decide
6.
Specific allegations are leveled against the petitioner alleging that he has misbehaved and his acts prima facie attract to an offence under Section 354 of Indian Penal Code. Calling her to the home, asking her to remove legging and walk on her back, catching hold of her hands and pulling her into bedroom are all events that are narrated by the de facto complainant.
7.
This Court under Section 482 of Cr.P.C cannot decide the correctness or otherwise of the allegations made by the respondent No.2. There are no grounds to quash the proceedings against the petitioner 8.
Accordingly, this Criminal Petition is dismissed. Miscellaneous applications pending, if any, in this criminal petition, shall stand closed.
I SD/. N. CHANDRASEKHAR RAO ASSISTANTCESISJRAR //rRUE COPY/'
VSECTION OFF]CER To, 't. The XXV Metropolitan Magistrate Kukatpally At Prashanti Nagar,
2. The Station House Officer, Gachibowli Police Station, Cyberabad
3. One CC to Sri Ramana Allu, Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court for the State of Telangana (oUT)
5. Two CD Copies BJLB/JAK t<
HIGH COURT DATED:O511212O23 eLAAJ a s * atu
ORDER
ri ^Y 0, ui ilo GRLP.No.12307 of2O18 *E (.rls + .) { CRIMINAL PETITION IS DISMISSED