Smt.Shilpa Sree Raavi vs Merla Vamsi Vijay Kalyan,And 3 ...
2023 Latest Caselaw 899 Tel

                                  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

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

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.

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.