The High Court · 2025

1. The State of Telangana, Rep by its Public Prosecutor, High Court of Judicature at Hyderabad.

2. The State through SHO, Polic€ Station, Bodhan. 3 Aitha Lalitha. Wo Karhm Naga Raju Occfmployee Ryo 1-119, Achanpally BSR Garden Eodhan Presently Residing Plot No.9 in Sy.No.753 Gunj Road RTC Colony Eodhan Town Nizamabad District. (tuspond€nt No.3 has been impleaded as per Court Order daled 22.02.2024, vide l.A.No. 1 of 2024 in Crl.Rc.No 744 of 2O24) ...RESPONDENTS/COMPLAINANT /i / lANo:1 oF 2023 ,i/ Petition under section 482 of Cr.P.C., praying that i1 the circumstances stated in the affidavit filed in support of the petition, the F igh Court may be pleased to stay all further proceedings against the Petitioners lA1, A2 and A4 in s.c.No.87 ot 2O23 by Order dated. 10.1 1.2023, on the file of Assistant session Judge, Bodhan, including personal appearance of the Petitioners/Al , A2 and

44. Counsel for the Petitioner :SRI T. SRUJAN KLMARREODY Counsel for the ResPondent No.1 &2 : PUBLIC PROSECUTOR (TG) Counsel for the ResPondent No.3 :SRI D.BHASKAR REDDY The Court made the following : ORDER THE HONOURABLE SRI JUSTICE E'V'\IENUGOPAL CRIMI NAL REVISION CASE No.744 0F 20 23 o RDER: This Criminal Revision Case is frled under Sections 397 atd 401 of the Code of Criminal Procedure' 1973 (for short Cr'P'C'J aggrieved by the order dated 10'11'2023 in Crl'M'P'No'34 of 2023 in S.C.No.87 of 2023 passed by the learned Assistant Sessions Judge, Bodhan (hereinafter referred as the leamed trial Court)'

2. Heard Sri T Srujan Kumar Reddy' learned counsel for the revision petitroners, Sri E'Ganesh learned Assistant Public Prosecutor for the State-respondent Nos'l and 2 and Sri D.Bhaskar Reddy, Iearned counsel for respondent No'3'

3. Leaned counsel for the petitioners fairly submitted that the compromise negotiatlons before the trial Court tumed futile and hence, the revision petitioners have not appeared before the MediationCenter,asdirectedbythisCourtonoT.|1.2024.on the other hand learned counsel for the unoffrcial respondent seeks to decrde the matter on merits'

4. The brief facts Ieading to filing of this criminal revision case are that the ma-rriage of the petitioner/ accused No' 1 was i i I i I l. I I l i I I I 2 performed with respondent No.3 on 03.O5.1995 and blessed with three daughters. Thereafter, petitioners/ accr rsed Nos.1 to 3 started harassing respondent No.3 demanding additional dowry. Unable to bear with the harassment of the accused, respondent No.3 ftled a complaint against them on 17.O8.2)l7, on the file of the Bodahn Police Station in Cr.No.260 of 2Ol7 for the offences under Sections 498(a), 506 read with 34 of Irrrlian Penal Code and Sections 3 and 4 of Dowry Prohibition Ar:l , Thereafter, she kept her daughters in hostel and she uscd to attend her legitimate duties as School Assistant at 3 ichkunda. On

03.05.2018, a panchayath was conducted and accused No.1 made a promise before the elders to look aftt:'- respondent No.3 and her children well. Then, she along ',r,ith l- er children joined the society of the accused. After four months. again the accused started harassing respondent No_3 anci childrcn physically and mentally for want of additional do\ ,ry. Furltrer, the accused altogether hatched a plan to kill respondr:rrt No.3 and her children. Accordingly, on O9.O5.2020 ar irbout 10.00 am, accused No. 1 came to them with petrol in hr:. hand and stated that he intended to kill her and children by poi,rring petrol. Due to fear of accused No. 1, respondent No.2 alonSt with her children f 3 ran out of the house and lodged a complaint against the accused in Crime No.255 of 2O2O for the offences under Sections 498{A), 3O7, 323,509 and 5O6 read with 1O9 of IPC.

5. The learned tria.l Court vide Order dated 1O.11.2023 passed iir CrI.M.P No.34 of 2023 it S.C No.87 of 2023 dismissed the petition to discharge the accused Nos. I to 3 for the offences under Sections 307 read with Section 1O9 of IPC. Aggrieved thereby, the petitioners preferred this criminal revision case.

6. Learned counsel for petitioner contended that the }earned trial Court failed to appreciate the evidence available on record in proper perspective and passed the impugned order. The trial Court ought to have considered the discharge petition that as per the complaint the incident occurred on 09.05.2020 at about 1O.OO am, and the complaint has been lodged on L2.O6.2O2O with a delay of more than one month and the said delay for frling the complaint has not been explained. The trial Court has failed in considering the lact that respondent No.3 has habit of liling series of complaints against the petitioners and one of the case in FIR No.173 of 2021, which was filed by respondent No.3 against the petitioners was closed stating that the complaint is false. 4 Therefore, learned counsel for the petitioners seeks to set aside tJle impugned order.

7. Learned Assistant public prosecuto - submitted that the learned trial Court rightly passed the impr-rgned Order ald the interference of t].is Court is unwarranted Therefore, leamed counsel seeks to dismiss this Criminal Revis;ion Case. 8. The learned trial Court upon careful consideration of the material available on record found that i: s per the statements under Section 16l Cr.p.C of respondent N<;.3 and her children, there was a conspiracy between accused No.l and accused No.4/who is friend of accused No. I to do a,,r,a.r. with the life of respondent No.3. In l6l Cr.p.C statemenr of_respondent I!o.3, she stated that accused No.4 is a police Consitable and friend of accused No. I and he has instigated her hr,rril;an cj/accused No. I to commit her murder and marry another \r ornan. The said fact was also spoken by her children in their I 6 I ,. I ... p. C statements. 9. In pursuance of conspiracy, on O9.O5 z()20 atabout 1O.00 am, accused No. I poured petrol on respondr: r No.3 and tried to set fire on her, she e5gap6d from therc. The incident of responclent No.3/LW.l coming out of her horr;e was witnessed by / 5 respondent No.3/LW.1 coming out of her house was witnessed by the neighbours, who are LWs.S and 6, 161 Cr'P'C statement of LWs.S and 6 shows that they have notice LW. 1 coming out of her house and they also saw accused No.I and they saw LW'l soaked in petrol. Based on the 161 Cr.P.C statements of list of witnesses on record, the learned trial Court by way of its order did not discharge the accused for the offences under Section 3O7 read with 109 of IPC as stated suPra.

10. In the case on hand, the learned trial Court held that even after filing of the charge sheet, the prosecution can produce the material objects and witnesses to connect the accused with the offence, which hnding, in my considered view, does not call for interference, in exercise of revisional jurisdiction under Section 397 and 4Ol of the Cr.P.C., as there are no grounds much less valid grounds, or irregularities, or itlegalities, to interfere with the well considered order of the trial Court and accordingly, this Criminal Revision Case is liable to be dismissed'

11. However, as sought by the learned counsel for the petitioners, the appearance of the petitioner before the trial Court is dispensed with until and unless their presence is required' 6 failing which, relief automatically. Sranted by this Cour: stands vacated

12. Except granfing the relief as sought for, ir er_ll other this Criminal Revision Case is dismissed. aspects, As a sequel, miscellaneous applications, pending if any, shall stand closed. ,_- ro, //TRUE copy// ^-_ SD/- V.KAVITHA DEpuw nec.iirnan secrrsb*ncen ,/ 1 . The Court of Assistenr eaoo;^^^ ,..- 2. Two ccs ,o ,n.'r'"t'nt Sessions Judge, Bodhan. H*;"b;i6'rifublic Prosecutor, High court for rhe Srare of Tetangana ar

3. The Station House Officer, Bodhan police Station. 4. One ccro sRt T. SRUJAN KUMARREDDyAdvocate 5. One CC to SRt i o.rrOaKER REDDY, Advocate [OPUC I 6. Two CD aoo,"" lopUCJ pesd I'Sl_ ft- I I I I I J I HIGH COURT DATED:2410112025 ---=:=-.--.- Z:;te :, , i)\ " -li\. ,i'iot' ,.. \ /'; .' l l,j ils A4sirzofr i l',:'- ORDER CRLRC.No.744 ot 2023 DISMISSING THE CRIMINAL REVISIONI CASE WITH CERTAIN MODIFICATIONS 1ttPftI Ss'