HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY, THE FOURTEENTH DAYOF NOVEMBER TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE Dr. JUSTICE G.RADHA RANI

CRIMINAL PETITION NO: 11175 OF 2023

Between:

\

K.Saritha, D/o Pullaiah, aged about 35 years Rlio H.No. 4-6-1212' Baba Nagar, Road, Occ: Housewife, Veer Savarkar Nagar, Nacharam, Hyderabad.

... PETrTlOr.rER/ACCUSED

AND

• 1. The State of Telangana, through S.H.O., Amberpet Police Station, Hyderabad District, rep. by its Public Prosecutor, High Court, Hyderabad.
• 2. K.Vijay, Sub-lnspector of Police, Amberpet P.S., Hyderabad.

...RESPONDENT/COMPLAINANTS

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 relating to the.charge sheet in c.c.No. 2953 of 2O23 on the file of the lV Addl. chief Metropolitan Magistrate at Hyderabad, and quash the proceedings thereon.

t.A. NO: 2 OF 2023

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 rnay be pleased to grant stay of all further proceedings including the appearance of the petitioners in c.c.No. 2953 of 2023 on the file of the lv Addl. chief Metropolitan Magistrate at Hyderabad, pending disposal of the Criminal Petition'

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri G. JAYA REDDY, Advocate for the petitioner and the Assistant pubric prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

The Court made the following: ORDER

THE HONOURABLE DR.JUSTICE G. RADHA RANI CRIMINAL PETITION No.lll75 OF 2023 ORDER

This Criminal Petition is t'ilerl by the petitioner / accused undcr Section 481 of the Criminal Procedure Code (for short Cr.P.C.) to quash the proceedings in C.C.No.2953 of 2023 pendiDg on the file of the IV Additional Chief Metropolitan Magistrate, Hyderabad, for the offences punishable under Sections 341,351,504 and 506 ofIPC

l. The case of the prosecution, in brief, was that on 21.02.2023, at I0..i0 p.m.. respondent No.2 lodged a complaint stating thar on the salne Jay at 06.30 p.m., he received information from East Zone Control thaf one woman by name K.Saritha (petitioner herein) was creating nuisance at East Zone Otfice regarding the Osmania University Police not taking acrion in her case. On that, she was brought to the Police Station under the escon ol Woman Police, but she argued and created nuisance and objected the duties of the officials. Thereafter, sh€ also threatened to commit suicide alleging that Police were not taking any action in her case. Basing on the said report. a cas€ was registered in Crime No.68 of 2023, under Sections 341 and 353 IPC and after completing investigation, police filed charge sheet against the petitioner for the offences punishable under Sections 341, i53. 504 and 506 ofIPC

3. Heard the leamed counsel for the. petitioner and the learned Assistant Public Prosecutor for the respondent No. I - State

2

4. Leamcd counsel for the petitionei su[:mitted that the u,controvefted allegations made against the petitioner i, the FlR/charge sheet would not disclose commission of any off'ence or make out a case against the petitioner. Resporrdent No.2 rorcibry brougrrt the petitioner to the porice station without any escort of women police. For no fault of fhe petitioner, she was roped into this false case and police were trying to brand the petitioner as a habitual offender taking advantage of the false cases foisted against he. in crime No.l8 of 2019 of Venkatapuram police station, Mulugu District and crime No.768 of 2022 of Saroomagar porice Station.

5. On the other hand, the learned Assistant public prosecutor contended that it was not a fit case to quash the proceedings against the petitioner at this juncture and the matter has to be decided after conducting full trial by the Court below.

6. On a perusal of the charge-sheet, this Court is of the view that the huth or otherwise of the ailegations made against the petitioner courd be decided only after fult trial. Hence, this court is not inclined to interfere with the p'oceedings against the petitioner. But, however considering that the petitioner is a woman, her appearance / attendance berore the court of IV Additional Chiel Metropolitan Magistrate, Hyderabad in C.C.No.2953

of2023, is dispensed with unless her presence is required by the triat court.

7. Accordingly, the Criminal Petition is disposed of.

As a sequel, miscellaneous applications pending in this petition, if

any, shall stand closed.

SD/. C. PRAVEEN KUMAR ASSISTANT REGISTRAR

SECTION OFFICER

//TRUE COPY//

To,

dt

• 1. The lV Addl. Chief Metropolitan Maqistrate at Hvderabad. 2. The Station House Officer, Amberpet Police Stati6n, Hyderabad. 3. Sri K.Way, Slb-lnspector of Potice, Amberpet p.S., Hyderabad. 4. One CC to SRI G. JAYA REDDY, Advocatd tOpUCl 5. Two CCs to Public Prosecutor, High Court for ie State of Telangana at Hyderabad [OUTI 6. Two CD Copies

MP

GJP

6

HIGH COURT

DATED:14/11/2023

CRL.P.No.11175 of 2023

DISPOSING OF THE CRIMINAL PETITION