Petitioners sought quashing of criminal proceedings under SC/ST (POA) Act alleging dowry harassment and caste-based threats. Court denied quashing, noting sufficient allegations of abuse, and advised filing discharge application under Section 227 Cr.P.C.
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rN THE HrcH COURT Fq3_TIt_E STATE OF TELANGANA , AT HYDERABAD
WEDNESDAY, THE TWEN oF N ovE r/ B E R rwo rs o usf JJL?J lllR+y
PRESENT
THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMI NAL PETITIO NNO:8 685 0F 2021
Between:
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B[#i?1 fli,Tr]3i3i"!l?, !i",
... Petitioners/A-l to A-3
AND
- The State of relanoana. reoresented by its pubric prosecutor, High court for the State of TelangandHvdera'bad 2. Kampalli Saroja, W/o. Late Narayana, Age-d about 4g years, Occ. Labour, R/o.Flat No.6iog, Btock No.6, Ja'nip,ivr"V"r,"J-r.riga"r,'tveeipet, ilngiieoav District Native of H.No.1,2-25ie-koitrigudJm vriirZl,'ar,ro?iori(ot"nug;oii District.
...RespondenUComplainant
Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to call for the records in SC No.11 of 2021 pending on the file of special Judge for SC, ST (POA) Act Cases, L.B. Nagar, Ranga Reddy District and quash the same.
LA. NO: 1 OF 2021
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the petitioners in SC No.11 of 2021 pending on the file of Special Judge for SC, ST (POA) Act Cases, L.B. Nagar, Ranga Reddy District.
This Petition coming on for hearing, uponperusing the IVemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Y. Bala Murali, Advocate for the Petitioners and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appearing inperson or by Advocate.
The Court made the following: ORDER
THEHON.BLEDT. ]USTICE SHAMEEM AKTHER I T T
ORDER:
This Criminal Petition,underSection482 of the Codeof tg73,is filed by the petitioners/A lto A'3' CriminalProcedu re, seekingto quash the proceedings againstthem in S'C No 11 of 2021 on thefile of Special SessionsJudge for trial of SC/ST (POA) Act cases,Ranga ReddyDistrict' at L'B'Nagar' wherein cognizancewas taken forthe offences punishableunderSections49BA'306 r/w 34 lPC andSections3 & 4 of D'P'Act and Section3(1)(r)(s)'3(2)(v)of sc/sr(POA) Act, 2015.
2.Heardthelearnedcounselforthepetitioners/A.1toA'3, learned AssistantPublic Prosecutorappearingfor respondent No.UStateand Perusedthe record'
4.ontheotherhand,thelearnedAssistantPublicProsecutor would submit that thereare allegations against the petitioners/A.1
2
to A.3 constituting, the alleged offences and uttimately prayed to dismiss the Criminal petition.
5, As seen from the material placed on record, the deceased belonged to Scheduled Caste (Madiga) community and the petitioner/A.1 belongs to oc community. The marriage between the petitioner/A.1 and the deceased, was a love marriage and they begot two children, namely, baby Hasini, aged about 7 years and Master Mokshagna, aged about 4 years and all of them used to stay at the house of respondent No.2/complainant. During their stay at the house of respondent No.2, the deceased was threatened by A.2 to A.4 and the A,1 also abused the deceased in the name of her caste as "Madiga Lanja" and also harassed her physically and mentally demanding additional dowry. There are also other allegations. Mere declaration of the deceased as contended by the learned counsel for thepetitioners/A.1 to A.3, cannot be aground to relief'sought for. In view of thenature of theallegationsas indicated above, it cannot be said that continuation ofproceedings against thepetitioners/A.1 to A.3in thesubject S'C' is abuse of process of law. In the interest ofjustice also, theproceedingsin the subject S:C. cannotbe quashedby exercisinginherent jurisdiction under Section 482 Cr.P.C. However,since there is an efficacious remedyavailableto the petitioners/A.1to A'3 under Section 227 Cr.P.C, theyare entitledto file an applicationunder Section 227 Cr.P.C.before the trial Court seeking discharge,iF they choose to do so. In theevent of the petitioners/A'tto A'3 filing such an application, thetrial Court shalldispose of the same, independently, on merits,in accordance with law' It is madeclear
J
I
that noopinionis expressedby this Court in relationto the merits of thecase.
of.
MiscellaneousPetitionS,ifany,pendinginthisCriminal
Petitionshall stand closed'
SD/.L.SIVAPARVATHI ASSISTANTREGISTRAR //TRUECOPY// ,-..'
SECTIONOFFICER
+. One Ctto Sri Y. Bala Murili,Advocate[OPUC]
MMK TR
ds\a
HIGH COURT
DATED:2411112021
ORDER
CRLP.No.8685 ol2021
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DISPOSING OF THE CRIMINALPETITION
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1 issue framed by the court
Whether continuation of proceedings in a case involving alleged threats and dowry demands to a Scheduled Caste woman constitutes an abuse of process of law warranting quashing.
5 provisions across 4 enactments
Addanki Hemanth Kumar @ Raju
Addanki Hiru
Kampalli Saroja
The State of Telangana
Dr. Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
