High Court · 2025

THE HONOURABLE SRI JUSTICE E.V' VENUGOPAL CRIMTN AL PETITION NO:4288 oF 2021 Between: 1 Gaddam Neelima' Wo Nagaraju, Aged 38 years'.Occ Advocate' R/o H No'5- i34,, sii;;6p;iii'vitt"s. a-na Manoit' Rania Reddv District ...PETITIONER/ACC USED AND

1. The State of Telangana, Rep by Public Prosecutor' High Court' Hyderabad' 2. P. Surekha, Wo. Vinod Kumar' Ag-e 25 yejrrs' Occ WPC - 10583' R/o' ' bh;;k;il"liv Vilt"g" ina tvtanoat,-nansi Reddv District' ...RESPONDENT/DEFACTO-COMPLAINANT PetitionunderSection4S2ofCr.P.Cprayingrthatinthecircumstances stated in the Memorandr*"ot crou"os of cri;inal Fetition, the High court may be pleased to quash tnu pio"J"iinglin F'l R No 1.84l2o21 ' dated 0810412021' *"Jtif"J on the file of Shankarpally P S ' R"ng' Reddy District' l.A. NO :2OF 2021 PetitionunderSection4S2ofCr.P.Cprayrngthatinthecircumstances -Petition,the High court may -fuitnei proceedings in F I R'No 1B 4t2O21 ' daled P S' Ranga Reddy District' pending stated in the Memorandr#"r cl*as ot cri.inat be pleased to grant stay ot OBtO4t2O21 , on the file "i'Sn"*"p"lly disposal of the main Criminal Petition "af f ThisPetitioncomingonforhearing,uponperusingtheMemorandum.of Grounds of Criminal Petition and upon hearing the arguments of Sri RAPOLU BHASKAR ,Advocate for the Petitioner and the Asst Public Prosecutor Sri E.Ganesh on behalf of the Respondent Nol and none appeal for the Respondent No2- The Court made the following: ORDER THE HONOIIRABLE SRI JUSTICE E.V. VENUGOPAL cB&!INAL PETITION No.4288 of 202L ORDER: T1-ris petiticn is filed under Secti on 482 ol Criminal Procedure Codr: (tbr short 'Cr.P.C') to quash the proceedings in FIR No. 184 of 2O2I on the file of Shankarpally police Station, Cyberabad Comrnissionerate against the petitioner accused No.2.

2. The petitioner is accused No.2 in Crime No. 184 of 2O2l on the file of tl-re Shankarpally Police Station for the offences under Sections 353, 323, 506 and 509 of Indiar penal Cocle (for short "IPC"). 3 . Heard Mr. Flapolu Bhaskar, learned counsel for the petitioner, Mr.Fl.Cianesh, learned Assistant public prosecutor appearing for the respondent No.1-State

4. The brief facts of the case are that on OB.O4.2O2| a complaint has been lodged by the de facto cornplainant- respondent No.2 stating that she has been u,orking AS receptionist ofllcr:r at Shankarpally police station. On O8.O4.2O21 at about 15.30 hours when she was on duty, d No. 1 visrr'ed the police station and came out of the \. I i _t .\ 2 I':W,J CRL.P.No.4288 of 2021 police station and took photographs of premises of the police station and sent the same to the Junior Assistant Nilima- accused No.2 through whatsapp. Then the de facto complainant -Respondent No.2 questioned accused No' 1 that without permission wh,y she captured those photographs and sent to accused No.2. Then accused No. 1 abused in filthy ialguage, slapped her and pushed her and caused obstruction to perform her duties. At the point of time, there were three witnesses namely S.Sandeep, M.Harish and Venu Charry and they witnessed the incident. Hence, comrnitted the crime under Sections 353, 323, 506 and 509 ol IPC. Thereafter FIR has been lodged against the accused. Questioning the same, petitioner accused No.2 liled this criminal petition.

5. Learned counsel for the petitioner would submit that the ingredients of Sections 353, 323, 502 and 506 of IPC are not attracted against the petitioner. The ingredients of Section 535 of IPC:

1. A public seructnt must hcLue been assaulted or cimtnal force must ltaue been used against h[m. Pul'tlic seruant is defined uncler Section 21 of the Code.

2. The assault or ciminal force ntust haue been used ulile he was legalty discharging his duties.

3. There tnust be an interuLion to deter or preuent him from discharging his duties. Ingredients of Sortion 323 of IPC E TI/,J CRL P.No.1288 of 2a2l L Volutlten.l Ai)t: 'l'he act of causing hufl must be L,oluntary, ol. the person intentionalhl and cotr-:;ciouslt1 : ctct. 'l'he accused m.ust hctue the iltetltion to . must be eu)are thctt their ctctions ure hltelg to ,l: The act must result in causirtg bodittl puin, in.linnitg to another person. The tenn "hurt" . phgsiccLl and menttt.l lmnn inJlicted upon the indicating ti't pelbrnted tlt cause hun ot cause llut1. 2. Cause rtf [ {Lt diseasc, ttr irtcludes bot! uictitrt.

3. Phttsicnl t)or 149!: There must be direct physical contoct bettueen tl,.e au:used and tlrc uictim.. The act causing htrrt nay inuo[tte actictts.such .rs striking, hitting, punching, pushinq, or antl othetr Jbrr r ctf phgsical contcLct that causes bodiltl ha rnt. 4. Absencg o[ L], ctue and Sudden Prouocatioll: 'l'he ctct ol'cttusinq Itttrt shoulcl not be justifted bg a qraue ancl suddett prol)ocetion. ,[ the accused can establish that thcre tuas a gro.ue antl sttcldett prouocation for their actions, it rrlqy 1p considered a; o rlefence. The ingredients of Section 5O2 of IPC SaIe or Offering for Sale: 'l'he accu:;et1 nust haue either sold or oJJbred for sal.e the pinled or e, gra ued substance. Printed or Engraaed Substa,nce: 1'he defantatorll content must be on a tanqible mediunt, such as a pintea' document or an enqraued item. Defamatory Matter: 'l'he sttbslatt :e ttust contain defamatory content, nteaninq must be ccLS.'rtl:le oJ' hctrming the reputalion of the person it refers to. Knowled.ge or Reason to Belieue: 'fhe accus,ed ntust haue knoutn or had reasort to beLieue lhctL t he su L; s t r r n c- e c o nt ctin e d d efa mato ry matte r. The ingredients oi Section 506 of IPC:

1. To Lr.is replLtation, possesslon 2. Ant.l perso,t rr.,ho ls nssociated tuith hint. i3. Such. a,::Lion tnust be caried out tuitlt an intentiot.t ut ntind ard. solid ,eosoninq. 4 E l/l/,J CRL.P tio.4)88 of 20) I

4. 'the indiuidurtl should be coerced into perforrning any action, u,thether ciminal or lauful, but against his tttil'l or to preuent lim front engaging in a certain actiuity. ,' t'

6. It is further submitted that the accused No. 1 approached acclrsed No.2 and informed that her husband namely Ramdev was arrested by the police, Shankarpally in connection with illegal transportation of cows from Goshala and his vehicle was seized and parked in the premises of Police Station and requested her to release the vehicle, which is in the custody of the police. A false case has been foisted against tile petitioner- accused No.2 without her invoivement, hence seeks to allow this criminal petition. 7 . Opposing the same learned Assistant Pubiic Prosecutor would submit that 161 Cr.P.C statement ol the de facto complainant has been recorded, which is also corroborated the ingredients of the complaint and the accused obstructed duties of the police. The poiice have rightly filed the FIR against the accused. The truth in this case can elicited after conducting thorough investigation and interference of this Court at this stage is unwarranted, therefore, he seeks to dismiss the criminal petition and permit the investigating agency * to F:TL',J (.-RL P.No 1288 of 2021 investigate into ,he case and file report before the concerned 5 criminal Court { ! I B. Perused thr. material available on record

9. On careful perusal of the submissions of learned counsel for the petitione,r, learned Assistant public prosecutor and entire complaint. the case in hand is similar to the.judgment of the Hon'ble Sugrreme Court of India in case of State of Haryana and. others v Bhajanlat, where.in the extraordinary ) por,r,er under Article 226 of the Constitution of India or the inherent po\.ers under Section 482 Cr.p.C. can be exercised by the High Court tc, prevent the abuse of process of any Court or other\4,ise to sercL.re the ends of justice. The guideline No.7 is extracted as unde r:

7. lWrcre a criminal proceeding is manifestly atte-nde.d tuith mala fide and/ or Luhere the proceedinq i.s rnaliciously instituted uith an ulteior motiue for t.'trealcing uengeance on the qccused and uith a uieut to spite him due to piuate and personal gtudge."

10. As per thc lluideline No.7 stipulated in the judgement of the State of Haryana dnd others (cited supra) none of the ingredients u,ould attract against the petitioner_accusecl No.2. Therefore, this (lourt deems it appropriate to quash the 6 proceedings in FIR No.184 ol 2021 on the file of the Shankarpally Police Station against the petitioner-accused No.2. I 1. Accordingly, this criminal petition is allowed Miscellaneous petitions, pending if any, shall stand closed. //TRUE COPY// SD/- K. AMMAJI PUTY REGISTRAR ECTION OFFICER To, I ! l.TheJudcialFirstClassMagistrateAtChevella,RangareddyDistrict 2. The Station House Officer,Police Station Shankerpalli'Cyberabad 3. One CC to SRl. RAPOLU BHASKAR Advocate [OPUC] 4 Two CC to SRl. PUBLIC PROSECUTOR (TG) Advocate IOPUCI 5. Two CD Copies I t t AG/gh ,/: )'' :,i- [fl E[r ?0fr \. HIGH COURT' DATED:2010612025 l I I I t j l ORDER CRLP.No.4288 ot 2021 CRLP IS ALLOWED kbLtlp/