M RAJA MAIDU Vs. PARUCHURI VENKATA RAJYALAKSHMI

JUDGEMENT

(1.) The petitioner is Accused No.2 in Crime No.250 of 2018 dated 15.11.2018 on the file of the Tiruchanoor Police Station, Tirupati, Chittoor District, which is registered for the offences punishable under Sections 363, 452, 471, 473, 120-B, 324 r/w 34 of the Indian Penal Code, 1860, against the petitioner and four others. The police, after investigation, filed charge sheet on 05.09.2019 before the V Additional Munsif Magistrate of First Class, Tirupati, which is numbered as C.C.No.103 of 2019. The present criminal petition is filed to quash the C.C.No.303 of 2019 on the file of the V Additional Munsif Magistrate of First Class, Tirupati.

(2.) The 1st respondent-de facto complainant filed a complaint stating that she is the resident of Door No. 19-14-11, Raghavendra Nagar, Tirupati and grandmother of victim child by name N.Jai Narayan Sai, aged about 4 years on the date of the complaint. When the said Jai Narayana Sai was residing along with his father's family in the house bearing Door No.19-14-11, Raghavendra Nagar, Tirupati, her daughter-in-law by name Smt. Maheswari Ramineni (A.1) along with A.2 to A.5 visited the house of the de facto complainant (LW1) on 15.11.2018 evening at about 4.40 p.m., kidnapped her grandson forcibly from her house. It is further alleged that the accused caused injuries to the de facto complainant and other witnesses and took away the child forcibly in the ETIOS Car bearing registration No.MH10- AA-1032 towards Chennai. After investigation, the police filed charge sheet.

(3.) The charge sheet reveals that A.1 engaged A.3 and brought him to her parents' house in Chittoor, where she provided shelter to A.3 and they hatched a plan to kidnap the victim child with A.2 to A.5. An agreement was made to pay Rs.1 lakh to A.3. An amount of Rs.20,000/- was paid to A.3 by A.2 in token of advance. A.1 sent her father and mother to the High Court at Hyderabad to ensure that the case will be withdrawn on 15.11.2018 and to further mislead the husband of A.1 (LW4). LW4 who went to attend the hearing at High Court also saw the parents of A.1 at High Court, not knowing that they are going to withdraw the case until in the day on 15.11.2018 and hoping that the child was safe in the custody of his grandmother (LW1). However, with knowledge that LW4 was away in Hyderabad, A.1 came to Tirupati along with the unidentified driver in an ETIOS car and met A.2 and A.3 at Lakshmipuram Circle in Tirupati on 15.11.2018. During the course of investigation, it has been confirmed that the registration No.MH10-AA-1032 fitted on the ETIOS car is a counterfeit plate and the original registration plate on the car was changed with the counterfeit plate. Then, with the ETIOS car with registration No.MH10-AA-1032 at about 4.40 p.m. on 15.11.2018, A.1 to A.4 were went to the house of de facto complainant with confirmed information from parents of A.1 that the father of victim child (LW4) was at the High Court. As per their plan, the car was parked on the unpaved footpath on the eastern side of the house of LW1 and at first, A.2 and A.3 talked with servant maid Jareena (LW2) on the pretext that they are looking for a house on a rental basis and in the meanwhile, A.1 Maheswari forcefully entered into the house towards the child in the living room and the other two accused males also forced their way into the house. The accused created fear by way of threats and attempted to take away the child Jai Narayana Sai, aged about 4 years who was playing in the hall of house of de facto complainant. LW1 and LW2 tried to prevent the same and LW2 was restrained by one male accused and A.1 assaulted LW1 causing bruise under the right eye and another male accused swinged his fist with metal at LW1's head causing bleeding injury on the right forehead of LW1 while she tried to escape his assault and lost balance and fell down. Thereupon, A.1 took the child and handed over to an unknown male accused, who in turn took the child out of the house and the gate of compound wall, and all of them along with victim child got into silver colour ETIOS car bearing Registration No.MH10-AA-1032 which was parked on the foot path of the eastern side of the house. Then, the car went towards Chennai highway and met with an accident within 50 meters from the residence of the de facto complainant, resulting which the car was damaged. Then, the accused proceeded to Chennai en route to Puttur, where A.1 to A.3 got into the Fortuner car (number not known) brought by A.5, by leaving the ETIOS car and its driver and reached Chennai International Airport. A.1 had booked two sets of flight tickets for herself, the child and A.2 from Chennai to New Delhi. One set of tickets was on Indigo flight that would depart by 10.40 p.m. on 15.11.2018 which she did not take. Instead, A.1 flew to New Delhi from Chennai by AIR India flight No.943 (PNR No.HEZRJ) at 9.15 p.m. along with the victim child and A.2. Upon landing in Delhi, she tried to board a Qatar Airways flight to U.S.A. in the early hours of 16.11.2018, but was prevented from doing so because the PIO/OCI card of the child was in the custody of Family Court-cum-V Additional District Court, Tirupati and the same was needed to fly the child out of India, but she did not have the same. Then, a Nationwide Lookout Circular dated 16.11.2018 was originated by the Superintendent of Police, Tirupati Urban Police District for rescue of the victim child and to arrest A.1 and the same was opened by C.B.I. on the same day. However, A.1 fled away with the victim child from Delhi to Kathmandu, Nepal by road. It further reveals that on 19.11.2018, she went to Kunming, China by flight No.MU758 i.e., China Eastern Airlines with Ticket Nos. 9997225638105 and 9997225638100 from Kathmandu, Nepal.