The High Court · 2025

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased To vacate the stay in lA No. 212021 in Crl.P.No 439212021 on the file of Hon'ble High Court, dated 14-6-2022 l.A. NO: 2 OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to grant stay of all further proceedings in viz FIR No. 97/2021 of P.S. Jubilee Hills on the file Honourable XVll Addl. Chief Metropolitan Magistrate including arrest of the Petitioner, pending disposal of the above Criminal Petition This Petition coming on for hearing,upon perusihg the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T BALA MOHAN REDDY ,Advocate for the Petitioner and Mr E.Ganesh Asst Public Prosecutor on behalf of the Respondent No. and of Sri PullaRao Yellanki Advocate for the Respondent No2. The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL No. 1 ORDER: This petition is filed under Section 482 of criminal Procedure Code (for short 'Cr.P.C') to quash the'proceedings in FIR No.97 of 2O2l on the file of Jubilee Hills Police Station, Hyderabad District against the petitioner-accused'

2. The petitioner is the sole accused in Crime No.97 of 2O2l on the fite of the Jubilee Hills Police Station for the offences under Sections 182, 193, 196, 2ll, 463, 464,465 and 468 of Indian Penal Code (for short "IPC") and Section 156(3) of the Cr.P.C.

3. Heard Mr.T.Bala Mohan Reddy, learned counsel for the petitioner, Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for the respondent No.l-State and Mr.Pulla Rao Ellanki, learned counsel for respondent No.2.

4. Learned counsel for the petitioner would subtnit that multiple complaints have been filed against the petitioner and the respondents and ongoing disputes are pending for adjudication before the appropriate forums. The case in hand \ t i Ir I I I t. I I :l I I i ) ; ; i i I I I i I I j t, i. ,i t ! i I * I H t I u t I I I I t I I I I I T I I I i i t s I I I i I I I I i ) ! j EW,J CRL.P.No.4392 of 202. is based on the complaint filed by respondent No.2 under 2 Sections 190, 2OO of Cr.P.C before the file of learned XVII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad and the same was referred to the police under Section 156 (3) of Cr.P.C and accordingly crime has been registered vide FIR No.97 of 2021 on LL.O2.2O2L. Though the petitioner has filed a crime vide FIR No.4oo of 2019 for the offence under Section 507 of IPC, the same was closed by the police without considering the evidence submitted by the petitioner. He also submitted that respondent No.2 threatened the petitioner with dire consequences by sending whatsapp messages to his telephone number stating that he will see his end and take away his grand-daughter.

5. Learned counsel for the petitioner further submits that the allegations mentioned against the petitioner do not attract the relevant sections of law to prosecute the petitioner under the said provisions of IPC. He also submitted that the complainant failed to produce the witnesses to prove the allegations against the petitioner and as such, seeks indulgence of this court. Learned counsel for the petitioner would rely t , '() 3 EW,J CRL.P.No.4392 of 2021 upon the judgement of the Hon'lcle Supreme Court of India in case of Sheita Sebastlant as R.Jautqharait.

6. Learned counsel for respondent No.2 would submit that since respondent No.2 is well educated person anfl working as a Doctor at Australia, the petitioner filed false case vide FIR No.40O of 2019 against him on one or other pretext by keeping personal grudge. He further submitted that the Police closed the case in FIR No.4OO of 2Ol9 after completion of the investigation stating that the allegations against respondent No.2 are found to be false and none of the whatsapp messages were sent by the respondent No.2 to the petitioner. Hence, he seeks to dismiss the Criminal Petition.

7. Learned Assistant Public Prosecutor would submit that the crime is under investigation. Stay of all further proceedings including arrest of the petitioner in Crime No.97 of 2021 is granted by this Court on 14.06.2021. Therefore, he seeks to vacate the stay of all further proceedings to conduct investigation in this case as the truth can be elicited after I an aerc.suPREME couRT 2434, ) t\ 4 cRL P No.43o, ii#li: conducting thorough investigation by the investigating agency. Therefore, he seeks to dismiss this criminal petition.

8. Having heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned Assistant Public Prosecutor and examining the entire material on record, this Court is of the considered opinion that the complaint raised against the petitioner in FIR 97 of 2O21 is for the offences under Section 182, 193, 196, 2ll, 463, 464, 465 and 468 of IPC and Section 156(3) of Cr.P.C on the file of the XVII Additional Metropolitan Magistrate at Nampally. The said complaint is originate from the FIR No.4OO of 2Ol9 dated

13.06.2019, where a criminal complaint has been filed against respondent No.2 that respondent No.2 is threatening the petitioner by sending whatsapp messages to his telephone number stating that he will see his end and take away his grand-daughter. Admittedly there are family disputes between respondent No.2 and the petitioner. The petitioner is none other than the father-in-law of respondent No.2, which leads to filing of multiple complaints against each other. Therefore, the said crime is filed against the petitioner. The final report filed by the police as under: -l a? ,.1 :, t: I i' ,' I I I !: i' t t, ,; : : !' i I i! I : t : l 1 j i ! , I I i ---l 5 EW,J CRL.P.No.4392 of 2021 So far inuestigation done and witnesses examined in this case rs came to light that in the month of March 2012 his daughter Bhauani marriage was held with Pothu ReddA Surendra Nath Reddg in the peiod of 2O months of marriage his daughter was found pregnant of 7 months his son-in-law P.Surendra Nath Reddg utent awag leauing mg daughten Then I brought this matter to the elders of the famttg of Surendra Nath Reddy but tlrc said Surendra Nath Reddg denined kppeing my daughter with him. Complainant daughter deliuered afemale child and now she residing along with her child in the complainant house. Wlwn complainants try to pacifu the matter with his son-in-law Surendra Nath Reddg, but he trhreatened him with dire consequences. In this case regard he lodged a cornplaint with Jubilee Hilts Police Station. The police registered a case and filed charge sheet agairst the said P.Surendra Nath Reddg, ttthich is pending triat. Again in betuteen 11.03.2019 to 31-05.2O19 peiod the said P.Surend.ra Nath Reddg calling through whatsapp and threatening me uith dire consequences. On 31.05.2O19 at 6-14 pm the said Surendra Nath Reddg giuen a uthatsapp message in which his son-in-law stated that he will see end of the complainant and he will take his daughte,r along with him from the complainant Lnuse. The complainant failed to produce the witnesses or euidence against his son-in-latu in fhfs case. Therefore, I am referring this case cs Lack of Euidence. I haue receiued penrission from ACP, Banjara Hills Diuision to refer this crzse as Lack of Euidence. 8(i). In the said final report, the investigating office nowhere stated about the forgery of the said whatsapp messages. Upon conducting thorough investigation, the police filed a final report stating that the complainant failed to produce the witnesses against his son-in-law and accordingly the said matter has been referred as Lack of Evidence and the said case is clqse.A'- 6 EY:J,- CRL.P.No.4392 of 202'- Based on the said complaint, the respondent No.2 filed a complaint against the petitioner.

9. The case in hand is simiiar to the judgment of the Hon'ble Supreme Court of India in case of Stqte of Haryana and others u Bhajanlal, wherein the extraordinar5r power under Article 226 of the Constitution of India or the inherent powers under Section 482 Cr.P.C. can be exercised by the High Court to prevent the abuse of process of any Court or otherwise to secure the ends of justice. The guideline No.7 is extracted as under:

7. Where a ciminal proceeding is manifestly attended with mala -fide and/ or where the proceeding is maliciouslg instituted with an ulterior motiue for wreaking uengeance on the accused and with a uiew to spite him due to priuate and personal gntdge."

10. As per the guideiine No.7 stipulated in the judgement of the Stcte of Haryantd. and others (cited supral none of the ingredients would attract against the petitioner-accused. Therefore this Court deems it appropriate to quash the proceedings in FIR No.97 of 2021, pending on the file of the Jubilee Hills Police Station against the petitioner-accused. t I I I I T I t '! 7 EVV,J CRL.P.No.4392 of 2021

11. Accordingly, this criminal petition is allowed Miscellaneous petitions, pending if any, shall stand closed To, //TRUE COPY// SD'- AHMED ABDULLA KHAN ASSISTANT REGISTRAR G SECTION OFFICER 1- The XVll Addt. chief l\retrofolitan lvlagistrate, At Nampally, Hyderabad 2. The station House officer ,potice Statiin .luoiide iittr,Hyo"idoo'-- - 3. one cc to sRr. T BALA MOHAN REDDY Advocate [opuc] 4- one cc to sRr. puilaRao yeilanki for R.2 Advocate [opuc] 5. Two cc to sRr. puBlrc pRosECUToR (TG)Advocate topucl 6. Two CD Copies \ IAG f t.IE S I O 060E[ * HIGH COURT DATED:2010612025 ORDER CRLP.No.4392 ot 2021 CRLP IS ALLOWET) q \\