Smt. Mahankali Indira Vasundhara ... vs The State Of Telangana
2022 Latest Caselaw 6768 Tel

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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

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

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITOIN No.2171 OF 2021

Date: 13.12.2022.

kvs