VENNAM JYOTHI SUREKHA Vs. STATE OF A.P.

JUDGEMENT

(1.) "Guru Brahma, Guru Vishnu, Guru Devo Maheswaraha; Guru saakshat Para brahma Tasmai Sree Gurave Namaha" 'Guru', a Sanskrit term, is known as mentor, guide, expert or master of certain knowledge or field. In panindian traditions, a 'Guru' is on par with Teacher. Traditionally, 'Guru' is a reverential figure to the disciple or student. With 'Guru' serving as a counselor, who helps mold values or shares experiential knowledge as much as literal knowledge, an exemplar in life, an inspirational source and who helps in the spiritual evolution of a student.

(2.) This Criminal Petition, under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, 'CrPC'), is filed seeking to quash the proceedings in C.C. No.1725 of 2019 on the file of the IV Additional Chief Metropolitan Magistrate, Vijayawada. Petitioners herein are A.1 and A.2, and 2nd respondent herein is the complainant, in the said Calendar Case.

(3.) 2nd respondent herein filed a private complaint against the petitioners herein, alleging as follows. Petitioner No.1/A.1 is daughter of petitioner No.2/A.2. 2nd respondent/defacto complainant is a Coach to A.1. He started giving training in archery to the persons who are interested in archery and he continued the same till 2005. He started Archery Academy of his own under the name and style "Cherukuri Volga Archery Academy" and that he is the Founder and Chief Coach of the same. His dream is to promote poor persons and orphans, who are interested in archery, from all over India, as world-class archers. In such a passion, he trained several students to become the best archers in the world. His son by name Lenin had become an International Archer, Asia Gold Medalist, Indian Archery Coach, Common Wealth Games and Level-III Coach in the World Archery. Son of defacto complainant met with an on-to-ward incident in the year 2010 and died. 1st petitioner/A.1 is basically a Swimmer. In the month of April, 2007, one M.Koteswar Rao and others introduced A.1 to defacto complainant and requested him to train her, saying that she is a middle class girl, having talent and good manners. Both the accused and friends of defacto complainant undertook that A.1 and A.2 would behave with good manners and discipline and would learn archery. Accordingly, the defacto complainant had agreed for the same and A.1 was under training with defacto complainant and his son. Later, A.1 became Champion under the training of the defacto complainant and participated in 19 National and 12 International championships and bagged number of National and International medals apart from State Level, in different age groups. It is stated that A.1 bagged totally 60 medals. Defacto complainant and his son spent most of their valuable time for training A.1 and also spent lakhs of rupees towards her training from 2007 to 2013. He provided world class equipment viz. Bows and Arrows, etc. which are required for training, to her, and till today, A.1 is in the possession of the equipments of defacto complainant and she did not return them so far. Government of Andhra Pradesh issued G.O. Rt. No.154, dtd. 3/5/2018 whereunder an amount of Rs.76.53 lakhs was sanctioned towards cash incentive to A.1, out of which, an amount of Rs.61.53 lakhs was to A.1 and the remaining amount of Rs.15.00 lakhs to the defacto complainant, as a Coach (Basic Coach). It is averred that as per the Sports Policy, the State Government sanctioned the same in favour of the defacto complainant. On a representation made in this behalf by the accused questioning the authorities as to how Rs.15.00 lakhs was sanctioned to the defacto complainant, the authorities issued another G.O. Rt. No.158, dtd. 7/5/2018 modifying the earlier G.O.Rt. No.154. On the same date, both the accused gave statements in the print media in all largest circulated news papers such as Eenadu, Saakshi, Andhra Jyothi and other papers and Electronic media viz. TV9, AP 24/7 and other channels stating that the defacto complainant is not a Coach to A.1 and that he is only a Hostel Warden to her; his son is only an Archer and he is also not a Coach to her. Both the accused stated that wife of the defacto complainant is a female cook, etc. It is stated in the complaint that though A.1 was well trained under the defacto complainant as a Coach, both the petitioners made baseless, fallacious and defamatory statements which hurt the feelings of the defacto complainant. Those statements not only caused damage to the reputation of the defacto complainant in the Archery world, but also his deceased son. Stating so, the private complaint was filed by the defacto complainant before the learned IV Additional Chief Metropolitan Magistrate, Vijayawada.