Bhashaboina Ashok v. State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYOERABAO FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO i 10171 oF 2021 Between:

1. Bhashaboina Ashok, S/o. Kuma,ra.Swamy,. Ag e_ 27 years, Occ- unemployee R/o. Balvanthapur, Duggondi Mandal. Warang'af Olitriii '-- -' -

2. Bhashaboina Kumara Swamy, S/o Sambarah, Age- 00 years, Occ_ farmer R/o. Balvanthapur, Duggondi Manbat. Warangif O,sirici- -' '"" 3 Bhashaboina Komuramma @ Komurakka. W/o. Kumara Swamy. Age_ 59 years. Occ- housewife R/o. Batvani6apu.. DuSSonOi Man jatlrirT#ngaf Oistrtct

4. Peraboina Kumara Swamv S/o. Chandraiah. Age- 4g years, Occ_ unemployee R/o. Batvanthapur. Ouggo,ij, lvind"f. W"iangaf BLt

5. Peraboha Samatha, W/o. Kumara.Swamy, Age- 29 years, Occ- unemployee Rio. Batvanthapur. Duggondr Mandat. Wara'ngat"Dis;i;t ' -- - ... PETITION E RS/ACCUSED 1TO 5 AND

1. State of Tetangana, Rep through the public prosecutor, A.p. High Court, Hyderabad

2. Gajji Umadevi, D/o. Odelu, Age- 23 years, Occ_ student Rl/o. Mulugu, (Mulugu District) Warangal District ...RESPONOENTSiCOMPLAINANT Petition under section 482 of cr.p.c praying that in the circumstances stated in the lVlemorandum of Grounds of criminar petition, the High court may be preased to quash the Proceedings in c.c.No.65z ol 2021 on the file of the Judicial First class Magistrate, Mulugu, Mulugu D jstrict.

I,A oi 'l OF 2021 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 further Proceedings in c.c.No.657 ol 2o2i on the file of the Judicial First Class l\,4agistrate, lrilulugu, including personal appearance of the petitioners. This Petition coming on for hearing, upon perusing the N4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N. V. Anantha Krishna, Advocate for the Petitioner and the public prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appeared either in person or by Advocate.

The Court made the following: OROER

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.10171 oF 2o21 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 7973 (for short, .Cr.p.C.,), is filed by the petitioners/A.1 to A.5 seeking to quash the proceedings against them in C.C,No.657 of 202t on the file of learned Judicial Magistrate of First Class, Mulugu, wherein cognizance was taken for the offence punishable under Section 420 Lp.C. and Section 3 of the Dowry Prohibition Act.

2.

Heard the learned counsel For the petitioners/A.1 to A.5, the learned Assistant public prosecutor represenUng the respondent No.1/State and perused the record. 3.

Learned counsel for the petitioners/A.1 to A.5 would submit that there is no material to substantiate that the petitioners have demanded dowry etc., from the respondent No,Z/de Facfo complainant. Basing on the statements of some of the witnesses, the petitioners/A.l to A.5 were roped into the present case on false and frivolous allegations and hence, continuation of proceedings against them is abuse of process of law and ultimately prayed this Court to quash the proceedings against the petitioners/A.1 to A.5.

4.

As seen from the material placed on record, the allegation against the petitioners/A.1 to A.5 is that unless the respondent No.2/de Facto complainant meets their dowry demand, they would not perform her marriage with the petitioner No.1/A.1.

I The petitioners/A.1 to A.5 also abused her in filthy language. When there is such an allegation, it cannot be held that continuation of proceedings against petitioners/A 1 to A.5 is abuse of process of law.

5.

In the course of submissions, it is brought to the notice of this Court by both sides that charges are not yet framed by the trial Court in the subject C.C.

6. It is pertinent to state that since charges are not yet framed by the trial Court in the subject C C. and a hearing is contemplated before charges are framed, the petitioners/A.1 to A.5 are entltled to raise all the grounds that are proposed to be raised herein, before the trial Court. According to Sections 239 and 240 Cr.P.C., if the Magistrate, upon considering the police report and the documents sent with it under Section 173 and making such examination, if any, of the accused as he thinks necessary and after giving the prosecution and the accused an opportunity of being heard, considers the charge against the accused to be groundless, he shall discharge the accused.

and record his reasons for so doing' Conversely, if the Magistrate finds that there is a ground for presuming that the accused has committed the offence triable by him, shall frame charge in writing against the accused. Therefore, the petitioners/A.1 to A.5 can flle a comprehensive application under Section 239 Cr.P.C. before the trial Court raising the grounds to terminate lhe proceedings, if they choose to do so. If there are no grounds to frame charges, the petitioners/A. I to A.

discharge, in accordance with law. It is for the trial Court to record a finding to that effect. The Hon'ble Apex Court has time and again deprecated the practice of invoking the inherent jurisdiction by the High Court under Section 482 Cr.P.C., when an effective and efficacious remedy is available to the accused before the trial Court. The power under Section 482 Cr.P.C is required to be exercised with abundant caution and care. In the given circumstances oF the case, when an effective and efficacious remedy is available to the petitioners/A.1 to A.5 under a particular provision of law, it is not appropriate to exercise the lnherent jurisdiction of this Court under Section 482 Cr.P.C. In the event of petitioners/A.1 to A.5 filing an application under Section 239 Cr.P.C before the trial Court, the trial Court shall dispose of the same, independently, on merits, in accordance with law. It is made clear that no opinion is expressed with regard to merits or demerits of the case. 7, With the above observations, this Criminal Petition is disposed of.

Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

SO/.K.AMMAJI ASSISTANT REGISTRAR (g--"

,TRUE COPY'

SECTION OFFICER To, The Judicial First Class Magistrate, l\,4ulugu District Warangal. One CC to Sri N. V. Anantha Krishna, Advocate tOpUCl Two CCs to the Public Prosecutor, High Courl for the State of Telangana at Hyderabad. [OUT] Two CD Copies One Spare Copy s br \ t--

HIGH COURT DATED: 3111212021 1 i-tE STAI€'

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ORDER

CRL.P.No.10171 of 2021 DISPOSING OF THE CRIMINAL PETITION @ry;;*