Telangana High Court
CRLP/16370/2014 of Syeda Masarath W/o Samdani Vs The State of Andhra Pradesh on 30 December 2014
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16370 of 2014 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/ A .3 in Crime No.528 of 2014 of Amberpet Police Station, Hyderabad, registered for the offences under Sections 354,
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16370 of 2014
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ORDER:
This petition is filed under Section 482 Cr.P.C. to quash theproceedings against the petitioner/A.3 in Crime No.528 of 2014 ofAmberpet Police Station, Hyderabad, registered for the offences underSections 354, 324, 323 and 506 read with Section 34 I.P.C.
Heard the learned counsel for the petitioner and the learnedPublic Prosecutor.
A perusal of the record reveals that the petitioner is accusedNo.3 and respondent No.2 is the de facto complainant in CrimeNo.528 of 2014.
As per the allegations made in the complaint, the petitionerherein along with others made an attempt to outrage the modesty ofrespondent No.2.Even if the allegation made in the complaint ex facietaken to be true and correct, no prima facie case is made out underSection 354 I.P.C., so far as the petitioner is concerned.As per theallegations made in the complaint, the petitioner herein beatrespondent No.2.
While deciding the petition under Section 482 Cr.P.C., theCourt has to take into consideration the allegations made in thecomplaint only.The Court is not justified in embarking upon anenquiry as to probability, reliability or genuineness of the allegationsmade in the complaint at the initial stage of investigation.The materialplaced before the Court is prima facie sufficient to investigate into thematter in order to ascertain the truthfulness or otherwise of theallegations made in the complaint.
Having regard to the facts and circumstances of the case andalso the principles enunciated by the Supreme Court in R.P.Kapoor v.
[1][2]State of Punjaband State of Haryana v. Bhajanlal, I am of theconsidered view that it is not a fit case to quash the proceedings at theinitial stage of the investigation.
The learned counsel for the petitioner submitted that theconcerned Station House Officer may be directed not to arrest thepetitioner till completion of the investigation.
In view of the principle enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar and another[[3]], the Station HouseOfficer, Amberpet Police Station, is hereby directed to follow theprocedure as contemplated under Section 41A Cr.P.C. in CrimeNo.528 of 2014 so far as the petitioner/A.3 is concerned.
With the above direction, the Criminal Petition is dismissed.
Consequently, Miscellaneous Petitions, if any, pending in thisCriminal Petition shall stand closed.
Date:30.12.2014KH
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T.SUNIL CHOWDARY, J
[1]AIR 1960 SC 866AIR 1960 SC 866
[2]AIR 1992 SC 604
[3]2014 (8) SCALE 2502014 (8) SCALE 250