SHAIK MAHABOOB JANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition, under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, 'CrPC'), is filed to quash the proceedings in C.C. No.116 of 2020 on the file of the Additional Junior Civil Judge, Mangalagiri, registered for the offence punishable under Sec. 354 of the Indian Penal Code, 1860 (for short, 'IPC').

(2.) The petitioner is the accused in the aforesaid Calendar Case. Basing on a report lodged by 2nd respondent/defacto complainant, a case in crime No.24 of 2019 of Mangalagiri Town police station was registered against the petitioner/accused, and after completion of investigation, police laid charge sheet for the offence punishable under Sec. 354 IPC. The allegations, in brief, of the charge sheet are as follows:

(3.) Learned counsel for the petitioner contended that even accepting the entire accusations in the charge sheet to be true, still no prima facie case for the offence alleged would attract as against the petitioner, for the reason that an altercation took place between the petitioner and 2ndrespondent and in connection with the same, the petitioner allegedly pushed 2ndrespondent by putting his hand on her shoulder and abused her. Learned counsel for the petitioner strenuously contended that there was no intention on the part of the petitioner herein to outrage modesty of 2ndrespondent.