Telangana High Court
Smt. S. Jaya Laxmi vs The State Of Telangana on 4 October, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.8405 of 2022
ORDER:
This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the
petitioner/accused No.2, seeking to quash the proceedings
against her in S.C.No.448 of 2022 on the file of the Principal
Senior Civil Judge-Cum-Assistant Sessions Judge, Malkajgiri,
Medchal-Malkajgiri District.
2. The brief facts of the case are that on 15.04.2021, at
about 17:00 hours, while taking water from sump, the deceased
accidently fell down into the sump. Immediately, the deceased
was taken out from the sump and shifted to Poulomi Hosiptal.
Wherein, the doctors examined the deceased and declared her as
brought dead. Hence, a case was registered in Crime No.258 of
2021 before the Neredment Police and after completion of
investigation, a charge sheet was filed vide S.C.No.448 of 2022
on the file of the Principal Senior Civil Judge-Cum-Assistant
Sessions Judge, Malkajgiri, Medchal-Malkajgiri District.
3. Heard Sri M.V.Hanumantha Rao, learned counsel for the
petitioner as well as Sri Arun Kumar Doddla, learned
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AdditionalPublic Prosecutor for respondent No.1-State. Though
notice was served, none appeared on behalf of respondent No.2.
4. Learned counsel for the petitioner submitted that though
the deceased died by accidently falling down in the sump by
herself, the petitioner herein is implicated in the case only to
harass the petitioner with false allegations. He further submitted
that the allegations levelled against the petitioner are vague in
nature and none of offences alleged against the petitioner
constitute offences much or less than the alleged offences.
Hence, he prayed the Court to allow the Criminal Petition by
quashing the proceedings against the petitioner
5. On the other hand, learned Additional Public Prosecutor
for respondent No.1-State opposed the submissions of learned
counsel for the petitioner stating that the suicide note found in
the house of LW.5 clearly shows the abetment of suicide by
accused Nos.1 to 3 and the writing of the suicide note is
confirmed as of the deceased by the Forensic Laboratory. Hence,
he prayed the Court to dismiss the Criminal Petition.
6. In view of the rival submission by both the parties, this
Court has perused the material available on record. As per the
prosecution, prior to the demise of the deceased, the deceased
stayed in the house of LW.5 for 03 days and during that period,
SKS,J
she wrote suicide note stating that on the instigation of accused
Nos.2 and 3, accused No.1 used to harass her mentally and
physically. It is pertinent to note that 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.
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 the case on the hand, the deceased wrote a suicide
alleging accused Nos.1 to 3 for harassing her and the Forensic
laboratory confirmed that the writing in the suicide note is of the
deceased. In view of the above discussion as well as the law laid
down by the Hon'ble Supreme Court in Surendra Kori (Supra),
(2012) 10 Supreme Court Cases 155
SKS,J
since the allegations leveled against the petitioner are serious in
nature and it requires trial to elicit the true facts of the case.
Hence, 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, if any pending, shall also
stand closed.
_______________
K. SUJANA, J
Date: 04.10.2024
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