Petition to quash charge sheet under Section 509 IPC alleging the accused teased and physically accosted a woman colleague. The Court held the ingredients of Sections 354 and 509 IPC are distinct and found no ground to quash; it directed consideration of an application for dispensing with personal appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY ,THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION NOr fig? OF 2019
Between;
A.M.p.Ibrahim, S/o. A. Ahammad, Age 58 years R/o H No 48/?nfi mr Poto Rainbow hospital line. Kurnool Town & District ’
...Petitioner/Accused
AND
° Nagendra Kumar, Age 39 years, R/o. Venkataramana colony, Kurnool Town & District.
...Respondents/Defacto Complainant
I.A. NO; 1 OF 2niQ
° potion" :e ;^ghtrr;s pleased to grant stay of all further proceedings including ^appearance^ of orFir^ "fe Memorandum of B J Criminal Petition and upon hearing the argumentsofSriGVenkata Resnl' H Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No.2
The Court made the following;
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION No.597 OF 2019
ORDER;
The present Criminal Petition is filed to call for the records pertaining to C.C.No.2423 of 2018 on the file of the Learned Judicial Magistrate of First Class, Kurnool, wherethePolicehave filed a charge sheet for the offences under Section 509 of IPC to quash the same on the ground that the petitioner/accusedhas not committed any offence as alleged in the compliant,butthe said complaint was lodged only at the instance of the other inimical persons at the verge of the retirement of the petitioner/accused with a view to harass him.
- The 2^^^ respondent who is the de /acto-complainant has lodged a report to the Police alleging misbehavior by the petitioner/accused with the 2"fJ respondent/de /actocomplainant. On the said allegation, the Police have investigated the case and lodged a charge sheet before the LearnedJudicial Magistrate of First Class, Kurnool and the Court has taken cognizance of the case and issued summons to the petitioner/accused herein. Assailing the same, the present
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Criminal Petition is filed to quash C.C.No.2423 of2018onthe file of the Learned Judicial Magistrate of First Class,Kurnool.
- As seen from the charge sheet, there are specific allegations against the petitioner/accused herein whichreadsas follows:
“The accused A.M.D. Ibrahim, who is a Senior Assistant in the said ofifce, has been abusive (LW-1) G.V. Pushpawathi in wicked words and teased her by making bad gestures against her when she joined her job in said office. Keeping her family honor, (LW-1) G.V. Pushpawathi kept the matter secrete and did not disclose. On 20.10.2018 at 10.30 am while (LW-1) G.V. Pushpawathi was alone in Office, the accused A.M.D. Ibrahim approached (LW-1) G. V. Pushpawathifrom her back and caught hold her right hand tightly, and then uttered as “How much time you will be silent? I want to get wish today with you.” So saying, while he was trying to get (LW-1) G.V. Pushpawathi closer to him with both hands, (LW-1) G.V. Pushpawathi made hue and cries and pushed the accused and trying to escape. Meantime (LW-3) Subbanna, Foremen, (LW-4) C. Padmwathamma, Attender and (LW-5) G. Ramanjaneyulu, Sr. Asst., happened to go into the office running. rescued (LW-1)
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G.V. Pushpawathi from the accused A.M.D. Ibrahim.”
- The learned counsel appearing for the petitioner would contend that the petitioner/accused is having unblemished service in the department, having deleted Section 354 of I.P.C. erroneously, filed a charge-sheet under Section 509 of I.P.C. The ingredients of Section 354 of I.P.C. are similar to Section 509 of I.P.C. and he would urge to quash the proceedings.
(
- In both Section 354 and Section 509 of Indian Penal Code addresses the issue of outraging the modesty of a woman, but they do so in distinct ways. Section 354 primarily deals with cases involving physical assault or the use of force against a woman, wherein her modesty is violated through actions that involve direct contact or physical harm.
- On the other hand. Section 509 concerns instances where words. gestures, or acts are employed with the
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deliberate intent to insult or offend a woman's modesty, without necessarily involving physical force.
- At this stage, the learned counsel for the petitionermade a request to this Court to dispense with the presenceofthe petitioner during the course of the trial. The petitioner is hereby directed to file an application under Section205 of Cr.P.C. and the Learned Magistrate is hereby directed to consider and pass appropriate orders on the applicationfiled by the petitioner herein for dispensing with his presence. Accordingly, this Criminal Petition is dismissed.
As a sequel, miscellaneous petitions, if any, pendingin
this Criminal Petition shall stand closed.
SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To, 1. The Judicial Magistrate of First Class: Kurnool,KurnoolDistrict. 2. The Station House Officer, Kurnool IV Town Police Station, Kurnool District. 3. One CC to Sri. G Venkata Reddy Advocate [OPUC] 4. Two CCS to The Public Prosecutor, High Court ofAndhraPradeshat Amaravati [OUT] 5. Three CD Copies SAM sree 1 \aI
HIGH COURT
DATED:04/01/2024
ORDER
CRLP.No.597 of 2019
DISMISSING THE CRLP
^ Oop<W)
2 issues framed by the court
Whether the charge sheet under Section 509 IPC in C.C.No.2423 of 2018 should be quashed given allegations of outraging a woman's modesty.
Whether the petitioner's presence during trial can be dispensed with.
3 provisions across 2 enactments
A.M.P. Ibrahim
Nagendra Kumar
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
