1
THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL REVISION CASE No.135 of 2023
JUDGMENT :
The present criminal revision case is filed by the petitioner against the Private Complaint vide S.R.No.68 of 2023, on the file of I Additional Junior Civil Judge-cum-IX Additional Metropolitan Magistrate, Cyberabad at Kukatpally.
2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for respondent No.4 - State.
3. The impugned docket order passed by the learned Magistrate while dismissing the complaint under Section 203 of Cr.P.C, reads as follows:
"The contentions of the complainant in her complaint does not disclose any time and year, when alleged accused harassed her either physically or mentally. Further she is stated that due to harassment of alleged accused she attempted to commit suicide. However, neither she filed any MLC report nor any proof to show that the was subjected to cruelty due to which she tried to commit suicide."
4. Upon perusal of the above order, it is evident that no reasons are given by the learned Magistrate for dismissing the complaint. The order is very vague and the learned Magistrate has erroneously 2 came to a conclusion that there is no harassment being mentioned by the petitioner in her complaint. But, on perusal of the complaint, it discloses the allegations that the complainant was physically and mentally harassed by accused Nos.1 to 3 with a demand for additional dowry. Further, it discloses that in the month of September, 2014, the complainant attempted to commit suicide and she was in ICU for 3 days in Pinnamaneni Hospital at Peddavutpally, Gannavarm, Vijayawada and even then, the accused did not turn up to the hospital.
5. It is for the trial Court to see all these facts at the time of leading evidence whether specific allegations were made against each of the accused or not and whether the allegations made in the complaint are being proved or not.
6. On perusal of the complaint at para 8, it discloses that the complaint was registered on 19.11.2022 before the Women Police Station, Gachibowli, Cyberabad and requested to take action against the accused for demanding additional dowry and for harassment made on the complainant. But, the Women Police Station, Gachibowli, Cyberabad neither taken any action against 3 the accused nor registered any F.I.R, for which, she has preferred another complaint to the Commissioner of Police, Cyberabad. Even the Commissioner has not taken any action against the accused for which she was constrained to file the private complaint before the Court. It clearly discloses that the petitioner has approached the Court with a fond hope that justice would be done to her, but without looking into the contents of the complaint, and at the pre matured stage, the impugned docket order was passed simply stating that time and year of harassment/ demand for dowry was not mentioned while lodging the complaint and no medical certificate is filed to prove her suicide attempt.
7. Therefore, the impugned docket order is set aside and the court below is directed to look into the contents of the complaint and pass necessary orders by recording the evidence of the petitioner, without being influenced by any of the observations made in this order. The petitioner is directed to appear before the Court on 10.03.2023, and the trial Court shall take up the matter on the said date.
8. With the said observations, the revision case is disposed of. 4
Pending miscellaneous applications, if any, shall stand closed.
____________________________________ G. ANUPAMA CHAKRAVARTHY, J.
Date: 22.02.2023 Smk Note:
Registry is directed to transmit the order copy as early as possible to the concerned Court.