Mohammed Moizuddin vs The State Of Telangana
2023 Latest Caselaw 1413 Tel

        THE HONOURABLE SRI JUSTICE K.SURENDER


              CRIMINAL PETITION No.10181 OF 2022

O R D E R:

This Criminal Petition is filed under Section 482 of the Code

of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the

petitioner/A1 to quash the proceedings against him in C.C.No.20

of 2020 on the file of Special Judicial First Class Magistrate for

Excise Cases at Manoranjan Complex, Nampally, Hyderabad. The

offences alleged against the petitioner are under Sections 494, 420

and 506 r/w.34 of the Indian Penal Code.

2. Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the respondent - State. Perused

the record.

3. The 2nd respondent filed complaint alleging that this

petitioner/A1 was having illicit intimacy with his wife/A2.

Petitioner had developed acquaintance with A2 knowing that she

was s married lady. Petitioner and A2 were also blessed with two

children. When questioned by 2nd respondent about the relation, it

is alleged that A1 and A2 threatened the 2nd respondent with dire

consequences.

4. Learned Counsel appearing for the petitioner would submit

that the question of cheating does not arise as none of the

ingredients of cheating are made out. Secondly, the offence under

Section 494 of the Indian Penal Code cannot be taken cognizance

by the Magistrate as there is a bar under Section 198(1) of Cr.P.C.

Accordingly, prayed to quash the proceedings against the

petitioner/A1.

5. On the other hand, learned Additional Public Prosecutor

submits that the Court has rightly taken cognizance of the offence

under Section 494 of the Indian Penal Code in view of the

Judgment rendered by this Court in Miryala Divya and 5 others

v. Govt. of A.P.1, in Crl.P.No.554 & 1198 of 2011,

dt.19.09.2014.

6. An offence under Section 494 of the Indian Penal Code is

attracted when a spouse marries again during the subsistence of

his or her marriage. In the present case, it is not the case of the

prosecution that this petitioner was married earlier and while his

marriage was subsisting, he married Accused No.2. For the said

reason, Section 494 of the Indian Penal Code is not attracted.

2015(1) ALD (Crl) 115

7. To attract an offence under Section 420 of the Indian Penal

Code, there has to be a fraudulent mis-representation pursuant to

which a person must have been induced and thereby the induced

person should have delivered some property. Even accepting the

allegation that A1 was having illicit intimacy with A2, it would not

attract the offence under Section 420 of the Indian Penal Code.

8. Though there is a mention that this petitioner had

threatened the 2nd respondent of dire consequences, the specific

details of such threats or utterances, are not mentioned by 2nd

respondent. For the said reason the offence under Section 506 of

the Indian Penal Code, is also not made out.

9. Accordingly, the Criminal Petition is allowed and the

proceedings against the petitioner/A1 in C.C.No.20 of 2020 on the

file of Special Judicial First Class Magistrate for Excise Cases at

Manoranjan Complex, Nampally, Hyderabad, is hereby quashed.

Miscellaneous applications pending, if any, shall stand

closed.

__________________ K.SURENDER, J Date: 27.03.2023 tk

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.10181 OF 2022

Dt. 27.03.2023

tk