VIDAVALURU BALARAMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in P.R.C. No. 59/2002 on the file of the learned Additional Judicial I Class Magistrate, Kovur, Nellore District.

(2.) The brief facts that are necessary for the disposal of the petition are that on 24-8-2002 while the 2nd respondent-complainant was coming from a tailor shop, A1 gagged her mouth and dragged her to a nearby house, that A1 removed her saree and torn her blouse, that on hearing her cries, Padmamma came there on seeing whom A1 fled away, that thereafter the complainant lodged a complaint with the police on 25-8-2002 and obtained acknowledgment, that again on 1-9-2002 at 8.00 p.m., when the complainant was present in her house, A2 and A3 trespassed into her house and stated that they would pacify the incident that had taken place on 24-8-2002 between her and A1. that when the complainant did not agree to the same, A2 and A3 abused her in the name of her caste, that while they tried to commit rape on her, she raised cries, that on hearing her cries, some of the witnesses rushed there, that then A2 and A3 fled away from there, that thereafter she lodged a complaint with the police, but did not take any action against A2 and A3, and hence she lodged a private complaint under Section 190(1)(a) Cr. P.C. for offences under Sections 323, 447 and 376 read with Section 511 of the Indian Penal Code and Sections 3(1)(X) and 3(2)(V) of the S.Cs. and S.Ts. (Prevention of Atrocities) Act, 1989 before the learned Additional Judicial I Class Magistrate, Kovur. After perusing the allegations in the complaint and the statements of the witnesses recorded, the learned Magistrate came to the conclusion that there were sufficient grounds to proceed against the accused, and took cognizance of the offences under Sections 323, 448 and 354, IPC and Section 3(1)(X) of the S.Cs. and S.Ts. (P.A.) Act in P.R.C. No. 59/2002 and issued non-bailable warrants to the accused. To quash the said P.R.C., the accused filed the present petition.

(3.) Learned counsel for the petitioners contended that without calling for a report as required under Section 210, Cr. P.C. taking cognizance of the offence is bad in law.