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HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.2171 OF 2021
ORDER:
1. This Criminal Petition is filed to quash the proceedings against the petitioners/A1 to A4 in S.C.No.228 of 2019 in Crime No.591 of 2017 of P.S.Medipally, Rachakonda, on the file of the VII Additional District and Sessions Court for trial of SC/ST Cases, Ranga Reddy District at L.B.Nagar.
2. The case against the petitioners is that they trespassed into the house of the 2nd respondent/defacto complainant, beat her and also her in-laws with sticks, iron rods and threatened in the name of caste as 'o maadiga lanjadaana' and threatened her with dire consequences.
3. Learned counsel for the petitioners submits that false complaint was made by the 2nd respondent/defacto complainant at the instance of the 1st petitioner's husband. Though the defacto complainant was not in town, she filed a false complainant. Further, the first petitioner husband's brother did not want a woman from SC community to be a part of her family, for which reason also, police complaint was 2 filed. The caste certificate filed by the defacto complainant is not a valid document and deliberately to harass the petitioners present complaint is filed, as such, the same is liable to be quashed. In support of his contention, he relied upon the judgments of Hon'ble Supreme Court in the cases of; i) Gorige Pentaiah v. State of Andhra Pradesh [(2008) 12 Supreme Court Cases 531]; ii) Swaran Singh v. State through Standing Counsel and another [(2008) 8 Supreme Court Cases 435]; iii) Hitesh Verma v. State of Uttarakhand [(2020) 10 Supreme Court Cases 710].
4. All the grounds raised by the learned counsel for the petitioners are all facts which can only be decided during the course of trial. Whether the defacto complainant at the time of alleged incident was in town or whether the complaint was the outcome of the disputes in the family or otherwise, can only be decided when the witnesses are examined before the Court. Since there are prima facie allegations leveled against the petitioners, attracting the ingredients of penal provisions, for 3 which they are charged, this Court is not inclined to quash the proceedings.
5. Accordingly, the Criminal Petition is dismissed.
Miscellaneous applications if any, pending, shall stand closed.
__________________ K.SURENDER, J Date: 13.12.2022 kvs 4 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITOIN No.2171 OF 2021 Date: 13.12.2022.
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