Telangana High Court
Srisailukommu vs The State Oftelangana on 12 January, 2024
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
CRIMINAL PETITION NO.659 OF 2024
ORDER
This Criminal Petition is filed under Section 482 of Code of
Criminal Procedure (for short ‘Cr.P.C.’) by the petitioners/accused
Nos.1 to 4 to quash the proceedings against them as alleged in Crime
No.185 of 2023 on the file of the Vangoor Police Station, Nagarkurnool
District, registered for the offences under Sections 324, 341 and 509
read with Section 34 of the Indian Penal Code (for short ‘IPC’).
2. Learned counsel for the petitioners submitted that since the
punishment prescribed for the alleged offences is less than seven (07)
years, the police may be directed to issue a notice under Section 41A of
Cr.P.C. to the petitioners
3. Learned Assistant Public Prosecutor, however, on instructions,
submitted that the said Sections are altered and an alteration memo is
filed alleging the offence punishable under Section 354 IPC against the
petitioners.
Crl.P.No.659 of 2024
2
4. The learned counsel for the petitioners submitted that the
ingredients of Section 354 IPC are not attracted to the petitioners.
5. After going through the contents of the complaint, this Court is
satisfied that the ingredients of Section 354 IPC are not applicable to the
petitioners since there is no allegation of attempt of the parties to
outrage the modesty of the de facto complainant.
6. Therefore, the petitioners are directed to appear before the
Investigation Officer on or before 27.01.2024 between 02:00 P.M. and
04:00 P.M. and in turn, the Investigation Officer is directed to follow the
procedure laid down under Section 41A Cr.P.C. and also the guidelines
formulated by the Hon’ble Supreme Court in Arnesh Kumar Vs. State
of Bihar1 scrupulously.
7. However, the petitioners shall cooperate with the Investigation
Officer as and when required and furnish information and documents as
sought for by the Investigation Officer in concluding the investigation.
The petitioners shall file all the documents which they intend to file to
prove that the case alleged against them does not come under the
1
(2014) 8 SCC 273
Crl.P.No.659 of 2024
3
criminal offences registered and the Investigation Officer shall consider
the same before filing appropriate report before the Magistrate
concerned. The police representing the 1st respondent are directed not to
take any coercive steps against the petitioners till the investigation is
completed.
8. Accordingly, this Criminal Petition is disposed of.
9. Pending miscellaneous petitions, if any, in this Criminal Petition
shall stand closed.
JUSTICE T. MADHAVI DEVI
Date: 12.01.2024
Note: Issue C.C. today.
B/o Svv
