Dismissed

Md. Vajeed , Wajeed v. The State of Telangana

Telangana HC3 Mar 2020CRLP/83/2020

Case brief

AI extract

What is this about?

High Court dismissed a criminal petition filed under Section 482 Cr.P.C. seeking quashing of FIR and stay of arrest. Finding prima facie allegations of abetment to suicide and false accusation of benefit of caste law, Court declined intervention pending investigation citing State of Haryana v. Bhajan Lal.

What did the court decide?

Criminal petition filed u/s 482 Cr.P.C. dismissed; prayers for quash of FIR and stay of arrest rejected.

Md. Vajeed , Wajeed Vs The State of Telangana — Caste Atrocities | Telangana HC (2020)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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TUESDAY, THE THIRD DAY OF TVARCH

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TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE JUSTICE G SRI DEVI

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CRIMINAL PETITION NO: 83 OF 2020

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Between:

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l/d. Vajeed @ Wajeed, S/o IMd.Shahabuddin

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1 l/d. Vajeed

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2 l.ild. Javeed, S/o Md. Shahabuddin,

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3 Md. Majeed, S/o lVd. Shahabuddin,

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4 Ivld. Shahabuddin, S/o Lal lVlohammed,

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5 Sk. Shaheen @ Shahena, D/o Abdullah Shaik

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6 Sk. Muzamil @ IVujamil, S/o Abdullah Shaik 7 Anjum, D/o IVd. Shahabuddin.

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...PETITIONERS/ ACCUSED NOS.1 TO 7

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AND

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The State of Telangana, through S.H.O., Shahabad Police Station, Cyberabad rep. by its Public Prosecutor, High Court, Hyderabad.

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Gudem Venkatamma, W/o Venkataiah,

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...RESPONDENTS/ COMPLAINANT

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Petition under Section 482 of Cr.P.C praying that rn the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to the F.l.R.No. 183 of 20'19 on the file of the Shahabad Police Station, Cyberabad District, and quash the proceedings thereon and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.

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l.A. NO: 1 OF 2020

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Petition under Section 482 of Cr.P.C^praying that in the circumstances stated in the N,4emorandum of Grounds of Criminal Petition,the High Court may be^pleased to grant stay of all further proceedings including the arrest of the petitioners in F.l.R.No. 183 of 2019 on the file of the Shahabad Police Station, Cyberabad^{District, pending} disposal of the Criminal Petition.

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This Petition coming on for hearing,upon^perusing the^{Memorandum of} Grounds of Criminal Petition and upon hearing the arguments^of ST|.A.SURYANARAYANA, Advocate for the Petitioners and of^{the Additional Public} Prosecutor (TG) on behalf of the Respondent^{No.1 .}

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The Court made the following: ORDER

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THE HON'BLE JUSTICE G.SRI DEVI

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CRIMINAL PETITION No.83 of 2020

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ORDER

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This criminal petition is filed by the petitioners/A1 to A7 under Section 482 oI Cr.P.C., seeking to quash the proceedings in Cr.No.183 ol 2019 on the file of Shahabad Pr>lice Station, Cyberabad District, registered for the offences under 3ections 306, 323, read with Section 34 IPC and under Section 3(2)(v) of SCs & STs (POA) Acr., against them.

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Heard the learned counsel for the petitione-s/A.1 to A7; learned Additional Public Prosecutor for the 1't resplonrlent-State and perused the record.

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lt is alleged in the complaint that the younger son of the defacto complainant, by name Jangaiah, aged 28 yea^'s, married a Muslim girl, by name, Anjum, on the pretext of love ;rnd later, her son was converted his religion to li/uslim and the couple were residing happily at the house of de-facto complainant. After few days, Al to A7 being relatives of Anjum, beat Jangaialr arrd abetted him to commit suicide. Due to the harassment made by 41 to A7, Jangaiah comrnitted suicide by consuming pesticide on 29.11.2019 and later, died in hospital on 05.12.2019 while undergoing lreatment.

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Learned counsel for the petitioners/A1 to A7 sutrmits that the deceased never married petitioner No.7/A7, but they rrsed to move closely and there is no question of staying A7 with the deceased in the house of de-facto complainant. He further subrnits that the

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GSD, J Crl. P.No.83 of 2020

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present complaint is filed falsely in order to extract money from the petitioners taking undue advantage of closeness of A7 with the deceased. He further submits that there is no marital relationship between A7 and the deceased and they never abetted the deceased to consume suicide and that there is no prima facie case to connect the petitioners with the alleged crime. Thus, he prays to quash the FIR registered against the petitioners.

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Learned Additional Public Prosecutor opposed the prayer for quashing of F.l.R., and submits that the deceased left suicide note mentioning the names of petitioners specifically and that petitioner Nos.4,6 and 7 have already been arrested. He also submits that there are serious allegations against the petitioners and the investigation is still pending and therefore, the FIR cannot be quashed.

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After considering the various decisions including the decision of State of Haryana v. Bhajan Lalr's Case, I am of the view that there can be no interference with the investigation or order staying arrest of the petitioners unless cognizable offence is not ex-facie discernable from the allegations contained in the FIR or there is any statutory restriction operating on the power of the police to investigate a case. From a perusal of the F.l.R., prima facie, il cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.l.R or staying the arrest of the petitioners.

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'^{rooz scc} 1c't.y+ze

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GSD, J C 1.P.N o 83 of 2C20

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Accordingly, the Criminal petition is dismissed.

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