T. RAJA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner/accused, under Sec. 482 Cr.P.C., seeking quashment of the proceedings against him in respect of Crime No.151 of 2016 of Ponnuru Urban Police Station, Guntur District, which was registered for an offence punishable under Sec. 376-E IPC.

(2.) The case of the petitioner, in nutshell, is that he is a doctor and running a hospital in the name of "Praja Vaidyasala" (People Hospital) with an object to serve the poor and weaker Sec. at a nominal fee. He is also the President of the A.P. Civil Liberties Committee, Guntur District, and he is aged about 60 years. In respect of a dispute between his distant relatives, when the petitioner approached T. Sandole Police Station and questioned the misbehavior of the police, they manhandled and abused him in the name of social status. Then, the petitioner submitted a representation to the higher authorities concerned seeking to initiate action against the misbehaved police officers. As there was no response, the petitioner filed a private complaint against the Sub-Divisional Police Officer, the Inspector of Police and three other police officials in CFSR No.16 of 2016 on the file of the Additional Judicial Magistrate of First Class, Bapatla, for the offences punishable under Ss. 120-B, 167, 211, 270, 220, 323, 342, 357, 506 IPC and Sec. 3 (1) (p) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. As a counter blast to it, the Sub- Divisional Police Officer and the Circle Inspector got filed the present complaint against the petitioner by the 2 nd respondent alleging that when the 2 nd respondent went to the hospital of the petitioner for treatment of abdomen pain, the petitioner touched her thighs and private parts and inserted his finger into her vagina and having been afraid of his behavior, the 2 nd respondent came out of the hospital and informed of the same to one Avula Yesubabu, who accompanied the 2 nd respondent to the hospital, and on his advice, the 2 nd respondent lodged the present complaint against the petitioner.

(3.) Heard Sri P. Sai Surya Teja, learned counsel, representing Sri Vikas Joshi, learned counsel for the petitioner, and learned Assistant Public Prosecutor for the respondent-State.