Single Judge dismissed Criminal Petition under Section 482 Cr.P.C. seeking quashing of proceedings for offences including outrage of modesty and cheating, holding the case was not fit for quashability due to gravity and lack of sufficient grounds to invoke inherent powers.
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HON’BLE SRI JUSTICE G.V.SEETHAPATHY
CRIMINAL PETITION No.5427 of 2011
ORDER:
This Criminal Petition is filed, under Section 482 Cr.P.C., for quashing the proceedings in S.C.No.8 of 2011 on the file of Assistant Sessions Judge, Markapur.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. Perused the records.
On the complaint given by the second respondent herein, the police registered Crime No.190 of 2009 against the petitioners herein for the offences under Sections 452, 354, 506, 384 read with 34 IPC. After due investigation, the police filed charge sheet and the learned Magistrate had taken cognizance of the same in PRC.No.64 of 2010 and on committal the petitioners-accused are facing prosecution in S.C.No.8 of 2011. According to the prosecution, on 01.07.2009, at about 7.00 P.M., while the second respondent and his wife are having dinner in their house, petitioners-A.1 to A.4 armed with knives trespassed into their house, bolted the door from inside, A.3 and A.4 caught hold of the wife of the complainant, A.1 pulled the blouse with intent to outrage her modesty and A.2 obtained signatures of the complainant-LW.1 on blank papers and promissory notes putting them in fear of death and fled from the scene.
The complaint and the charge sheet disclosed specific allegations against the accused attributing specific overt acts to them prima facie attracting ingredients of the offences alleged against them. Having regard to the gravity of the nature of the offences alleged, it is not considered to be a fit case to invoke the inherent powers of this Court under Section 482 Cr.P.C. and quash
further proceedings.
Learned counsel for the petitioners would submit that there were civil disputes between the parties and, hence, the present complaint is motivated. He would further contend that on the date of the alleged occurrence, the second petitioner was, in fact, at Hyderabad.
Either the plea of motive or the plea of alibi put-forth by A.2 cannot be considered in the present proceedings at this stage as they are matters to be considered on evidence that may be adduced during the evidence in trial. In the circumstances, it is held that there are absolutely no valid or sufficient grounds to invoke the inherent powers, under Section 482 Cr.P.C., and quash further proceedings against the petitioners.
In the result, the Criminal Petition is dismissed.
G.V.SEETHAPATHY,J
Date:18.07.2011 Usd
2 issues framed by the court
Whether the criminal proceedings against the petitioners can be quashed under Section 482 Cr.P.C.
Whether civil disputes between parties render the complaint motivated and per se inattributable to the cognizance of the Court.
2 provisions across 2 enactments
Petitioners
State
Complainant
G.V.SEETHAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
