KATARI SUNIL KUMAR Vs. B. HEMA NALINI

JUDGEMENT

(1.) This criminal petition has been taken out under Section 482 Cr.P.C. by accused Dr. Katari Sunil Kumar in CC No. 558 of 2011 on the file of the Judicial Magistrate of First Class, Kurnool, to quash the proceeding therein. Dr. B. Hema Nalini-1st respondent is working as Medical Officer, Primary Health Centre, Itikyala, Mahaboobnagar District. Dr. Katari Sunil Kumar-petitioner is working as Medical Officer, Primary Health Centre, Manopadu, Mahaboobnagar District. Since they are working in the same district, they are acquainted with each other. Both of them stay in Kurnool Town. They got their respective internet connections at their residences. Dr. B. Hema Nalini-1st respondent lodged a report with Cyber Crime Police Station, Hyderabad, alleging that she received obscene messages from Dr. Katari Sunil Kumar-petitioner to her e-mail address. The Cyber Crime Police Station, D.D., Hyderabad, registered a case in Crime No. 112 of 2009 for the offence under Section 509 IPC. The crime came to be transferred to Kurnool III Town Police Station on the point of jurisdiction. The Station House Officer, Kurnool III Town Police Station, registered a case in Crime No. 186 of 2009. The Sub-Divisional Police Officer, Allagadda, Kurnool District, took up investigation, seized the laptop of the petitioner/accused and sent the same to F.S.L. The investigation done by the Sub-Divisional Police Officer, Allagadda, revealed of there being a professional rivalry between Smt. Dr. B. Hema Nalini-1st respondent and Dr. Katari Sunil Kumar-petitioner and therefore, he filed final report in the Court of the Additional Judicial Magistrate of First Class, Kurnool, treating the case as "Action Dropped. For better appreciation, I may refer relevant portion of the final report, which reads as hereunder:

(2.) The learned Magistrate recorded the sworn statement of Dr. B, Hema Nalini-1st respondent and proceeded to take cognizance of the offences punishable under Section 67 of the Information Technology Act and Section 509 IPC and registered the case as CC No. 558 of 2011. Hence, this criminal petition under Section 482 Cr.P.C. by accused Dr. Katari Sunil Kumar to quash the proceeding in CC No. 558 of 2011 on the file of the Judicial Magistrate of First Class, Kurnool.

(3.) Heard Sri C. Padmanabha Reddy, learned Senior Counsel appearing for the petitioner/accused and Sri Pappu Nageswara Rao, learned Counsel appearing for the 1st respondent/complainant.