Telangana High Court
Kotha Rakesh vs The State Of Telangana And Another on 10 June, 2024
THE HON'BLE SMT.JUSTICE K. SUJANA
CRIMINALPETITION No. 3851 of 2022
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner/accused to quash the proceedings against him in C.C.No.1563 of 2020 on the file of learned Principal I Additional Junior Civil Judge-cum-XVII Additional Metropolitan Magistrate at Malkajgiri, for the offences punishable under Sections 354-D, 504 and 506 of the Indian Penal Code (forshort "IPC").
2. The brief facts of the case are that on 08.01.2020, upon receiving a termination letter from the Directorate, the petitioner filed a complaint against respondent No.2 at SC/Sts Commission Office. Thereafter, on 03.03.2020, respondent No.2 lodged a complaint against a person namely Mr. Rakesh, who is working in her Office as District Child Protection Officer stating that she has been working on deputation as Additional Child Development Project Officer-cum- Bala Raksha Bhavan Coordinator in Medchal. Since respondent No.2 has been working as a coordinator, she used to discharge her duties as per the instructions of Directorate. However, Mr. Rakesh instead of cooperating the work, he used to insult respondent No.2 in filthy language and threatened her with dire consequences.
3. Heard Sri M. Venkata Swamy, learned counsel for the petitioner and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1. Perused the material on record. 2
4. Learned counsel for the petitioner submitted that the petitioner used to instruct his subordinates not to show any discrimination and instructed them to discharge their duties honestly as per law. As such, respondent No.2 along with some subordinates who does not like the nature of the petitioner, developed a grudge against him and with an ill-motive to insult the petitioner foisted a false complaints against him. Hence, he prayed the Court to quash the proceedings against the petitioner.
5. On the other hand, learned counsel for respondents submitted that there are serious allegations against the petitioner. As such, prayed the Court to dismiss the Criminal Petition.
6. Having regard to the rival submissions made by both the learned counsel and having gone through the material available on record, to quash the proceedings under Section 482 of Cr.P.C, the Court has to see whether the averments in the complaint prima facie shows that it constitute the offence as alleged by the Police. Further, the averments of the complaint shows that the petitioner harassed respondent No.2 and also threatened her with dire consequences. As such, the allegations shows that there are triable. Further de fact complainant also made complaint against the accused. Even after that, there is no change in his attitude and he threatened to file false cases. These allegations requires trial and the proceedings against the petitioner cannot be quashed merely on the ground that he is falsely implicated in this case.
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7. At this stage, it is pertinent to note the Judgment of the Hon'ble Supreme Court in State of Madhya Pradesh vs. Surendra Kori 1, wherein in paragraph No.14 it is held as follows:
"The High Court in exercise of its powers under Section 482 Cr.P.C. does not function as a Court of appeal or revision. This Court has, in several judgments, held that the inherent jurisdiction under Section 482 Cr.P.C., though wide, has to be used sparingly, carefully and with caution. The High Court, under Section 482 Cr.P.C., should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of wide magnitude and cannot be seen in their true perspective without sufficient material."
8. In view of the above discussion as well as the law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh (supra), this Court does not find any merit in the criminal petition to quash the proceedings against the petitioner and the same is liable to be dismissed.
9. Accordingly, the Criminal Petition is dismissed.
Miscellaneous applications pending, if any, in this criminal petition shall standclosed.
____________________________ JUSTICE SMT.K.SUJANA Date:10.06.2024 ssm 1 (2012) 10 Supreme Court Cases 155