REBAKA VARA PRASAD Vs. STATE OF A P

JUDGEMENT

(1.) These criminal petitions are filed under Section 482 Cr.P.C., seeking to quash the proceedings in Crime No. 160 of 2011 of Samalkot Police Station, East Godavari District, which was registered for the offences under Sections 195A and 506 r/w 34 IPC. It is alleged that on 19.10.2009, the de facto complainant-2nd respondent joined Zilla Parishad High School, G. Medapadu and since then Al, who is the Head Master of the School, and A2, who is the Assistant-cum-In-charge Head Master, started harassing her. She lodged a complaint with the police which was registered as Crime No. 243 of 2010 for the offences punishable under Sections 509 and 506 r/w 109 IPC. Though Al was suspended on 01.12.2010, he used to come to the school several times and threaten that he would join in the school within 15 days and that he would not leave her. After revocation of suspension, A1 joined the school on 30.03.2011 and since then he started harassing her saying that he would cut her salary and that her services would not be regularized. She addressed a letter to the concerned officials. A1 also threatened that if she does not withdraw the cases that are filed against him, he knew what to do and that nobody can do anything, and that he is not afraid of police case and that he would kill her if she gives evidence before the Court. Basing on the same, the police registered a case in Crime No. 160 of 2011 for offences punishable under Sections 195 A and 506 r/w 34 IPC.

(2.) Learned counsel for the petitioners contended that the police have no power to register a case in view of the fact that under Section 195 IPC, a complaint has to be lodged by an aggrieved person before the concerned Court, and that even if the entire allegations are taken to be true and correct, they do not make out a prima facie offence alleged and hence continuation of proceedings is nothing but abuse of process of Court.

(3.) Under Section 195A IPC, "whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both ".