Telangana High Court
Kotha Rakesh vs The State Of Telangana on 10 June, 2024
THE HON'BLE SMT.JUSTICE K. SUJANA
CRIMINALPETITION No. 3852 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.1566 of 2020 on the file of learned
Principal 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 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 as Protection officer for institutional care in
World Customs Organization from September 2018. Since respondent
No.2 working as Protection Officer, they had to discharge duties
jointly. 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.
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
serious issues which require trial. Further contention of the petitioner is
that it is counter blast to the case filed him under SC/STs Act is not a
ground for quashing the proceedings.
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
(2012) 10 Supreme Court Cases 155
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
