The High Court · 2025

.....RESPONDENTS/COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the MemorandLrm of Grounds of criminal petition, the High court may be pleased to calr for the records relating to sc No.7B of 2022 on the file of I Additional Drstrict and sessions Judge, Khammam and quash the same in so far as the petitioner/A 12 rs concerned l.A. NO: 1 OF 2023 Petrtion under Section 482 of Cr.p .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the Hrgh Court may be pleased to stay of all proceedings in SC No.78 of 2022 on the file of I Additional District and Sessrons Judge, Khammam including appearanc€ in so far as the petitioner/ A 12 rs concerned, pending disposal of the present quash petition This Petition comrng on for hearing, upon perusing the Memorandum of Grounds of Criminal Petrtion and upon hearing the arguments of Sri D BHASKAR REDDY ,Advocate for the Petitioner and the SRl. E.GANESH ASSISIANT PUBLIC PROSECUTOR on behalf of the Respondent No.1 and of None appeared for the Respondent No. 2 The Court made the following: ORDER /i THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.64Q2 OF:2023 ORDER: The present Crimina_l Petition is filed under Section 482 of Cr.P.C. by the petitioner/accused No. I2, seeking to quash the proceedings against him in S.C.No.78 of 2022 pending on the IiIe of I Additional District & Se,ssions Judge Khammam, registered in Cr.No.65 of 2O2l for.the offences punishable under Sections 12O(b), 294(bl, 3i13, 341, 448, 379,5O4 rlw 149 of IPC, Section 354 of IPC, Section 12 of POCSO Act and Section 3(1) (r) (s) of SC/ST (pOA) Act,

2. Heard learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant Pubtic Prosecutor appearing for respondent No. I /State. T'here is no representation on behalf of respondent No.2 riespite seryice of notice. Perused the record.

3. The brief facts of the case are rhat on OL.O2.2O2| at 1700hrs, the complainanr Amarlapudi Vasaltha lodged a complaint stating that her husband expirr:<l long back 2 EryI CrLP.No.6102 oJ2023 while her children were in childhood (L.W No.2 & 3). Later, the complainant developed acquaintance \Mith one Reddy Srinivas/LW-4 since last 1O years and they are living together and organizing the events for marriages and other functions. On 04.01.2021 at O5:30 hrs, tJre complainant was ready to go to attend for beautician work, mean while the accused persons 1. Reddy Kavitha, 2. Janapaneni Venkatesh, 3. Janapaneni Padma, 4. Reddy Uday Vishal,

5. Thallapurddy Jyothi Reddy, 6. Sayyad Suguna, 7 Somanaboina Swarna, 8. Thodeti Vasantha, 9. Sayyad Fareed, 10. Doddapuneni Uday, 11. Votti Malleswari and others knocked the door, upon which the complainant opened the door and they pushing her and beat her with hands and abused Reddy Srinivas/LW-4 and also abused to her children (LWs.2 & 3) stating that they are not born to her husband and tied hands of complainant/Lwl with scarf and stolen the gold Chain weighing about 5 Thulas from her neck, two black bead chains weighing about 4 thulas (small and big). (7) pairs of ear studs and cash Rs.3,O0,OO0-O0 pertaining to event works and apartment documents and abused the complainant's/ (LW- 1) childrpn Ii l) t: i I I i I i I l 3 EVY,J Crl.P-No.6402 of 2023 (L.W.Nos.2&3) by referring in the caste narne as MALAVADIKI PUT'IARURA MEERU. The complainant approached the elders to settle the matter, but as the issue was not settled, due to which, delayed the report to the police. 4 . Basing on the statement of the complainant/ LW- I and the victim girl/LW-3, a case is registered n Cr.No.65 of 202 1 against accused Nos. I to 8, accused Nos. l0 to 12 for the offences punishable under Sections 112O(b), 294(bl, 323, 341, 448, 379, 5O4 r/w 149 of IPC and Section 3(l) (r) (s) of SC/ST (POA) Act, 20 15. The accus;ed No.S has committed an offence punishable under Sections 294(b), 323,341, 44A, 379,5O4 r/w 149 of IPC, Section 3(l) (r) (s) of SC/ST (POA) Act,2O15 and Section 354 of IPC and Section 12 of POCSO Act. The accused Nos.!) and 13 have committed an offence punishable under Sections 12O(b), 5O4, r49 of IPC, Section 3(1) (r) (s) of SC/ST (POA) Act,

2015. Aggrieved by the same, the present Cr minal Petition is hled by the petitioner/Al2 seeking to quash the proceedings against him in S.C.No.78 ot 202|1 "/ 4 EW,I CrLP.No.6402 of 2023

5. Learned counsel for the petitioner submits that the alleged offence has taken place on O4.Ol.2O2l at 5:3O am whereas the complaint has been filed on OL.O2.2O2L at 5:00 pm i.e., after 27 d.ays, which itself shows t-hat the petitioner has been implicated in the present case. He further submits that pima-facie there is a delay in lodging the complaint and reason for delay not explained, which itself is fatal to the case of the prosecution. He further submits that without there being any specific allegaLions against the petitioner in the F.I.R., the present complaint has been filed by the complainant with a malafide intention to harass him. He further submits that no material is placed to prove the a-lleged charges against tJre petitioner herein and the present complaint is fiIed only to harass the petitioner, rvhich is nothing but abuse of process of law. Hence, he seeks to allow the Criminal Petition.

6. karned Assistant Public Prosecutor submits that unless and until full-fledged trial is conducted, the tntth 5 E''VJ C.LP.No.6402 of 2023 cannot be elicited. Therefore, he seeks to dismiss the Crimina,l Petition. I

7. A perusal of contents of the F.I.R. reveal that general allegations are leveled against the accused and no specific and distinct allegations are made against the petitioner/A12. In the absence of any specific role I attributed to the petitioner/AL2 it would be rtnjusr if he is forced to go through the tribulations of the trial for the q t offences punishable under Sections 120(b), 294lbl, 323, 341,448,379,5O4 r/w 149 of IPC and Secticn 3(l) (r) (s) of SC/ST (PoA) Act, 201s.

8. Having regard to the submissions rnade by the learned counsel and upon careful consideration of the material available on record, this Court is of tne view that it is a fit case to quash the proceedings against the petitioner/A12 in S.C.No.78 of 2022 pending on the file of I Additional District & Sessions Judge Khammam. Accordingh', the proceedings in S.C.No.78 of 2022 pending on the file of I Additional District & Se:;sions Judge, 6 EruJ Crl.P.No.6102 of 2023 Khammam against the petitionerlAl2 are concerned are hereby quashed. 9 Accordingly, the Criminal Petition is allowed' Miscellaneous Petitions, pending if any, shall stand closed. SD/- T,TIRUMALA DEVI DE UTY REGISTRAR //TRUE COPY// ECTION OFFICER To, 1. The lAdditional District and Sessions Jldge' Khammam Khammam District 2 The Station House Omcei,'inl-"i*" ri r""*n Police Station Khammam ll Town 3 o;;Ci'i; bRfo sHnsKAn REDDY Advocate [oPUcl 4 TWo CCs to the PUBLIC?RijEEduron- H'gnbourt for the State of Khammam District ielangana, at HYderabad [OUT]

5. Two CD CoPieswPSL HIGH COURT DATED:141O212O25 ORDER CRLP.No.6402 of 2023 A,LLOWING THE CRIMINAL PETITION @ l.{l{ a= 1:i ::-:::--:\ b li I,17-€ ( s( (-. f i i?3 :!fr * !.