(1.) This Criminal Petition, under Sec. 528 of B.N.S.S., is filed by the petitioner/accused seeking to quash the proceedings in Crime No.430 of 2024 of Tirupati East Police Station, Tirupati, registered for the offences punishable under Ss. 64 and 351(2) of BNS.
(2.) Heard Sri C.Raghu, the learned Senior Counsel representing Smt. V.Sesha Kumari, the learned counsel for petitioner and the learned Assistant Public Prosecutor for respondent No.1-State and Sri Jitendra Kanyalur, the learned counsel for respondent No.2/victim/de facto complainant.
(3.) The petitioner is the sole accused in Crime No.430 of 2024. He is an elected Member of Legislative Assembly (MLA) of Telugu Desam Party from Satyavedu Assembly Constituency. Respondent No.2/de facto complainant is President of Mahila Telugu Desam Party, Satyavedu Constitutency, Tirupati District. On 5/9/2024 she made a complaint to the Station House Officer, Tirupati East Police Station alleging that after becoming an M.L.A., the petitioner has been abusive towards her and forced her to have sex with her. She escaped. It is further alleged that she went to the petitioner on 6/7/2024 at Bheema's Paradise, Room No.109 at about 4:00 P.M. and also on 17/7/2024, Room No.105 in Bheema's Paradise at about 3:00 P.M. It is also alleged that he enjoyed her without her evincing any interest. It is further alleged that her husband got suspicious of her behaviour after seeing her phone calls and when questioned her she had disclosed to her husband about the incidents of 6/7/2024 and 17/7/2024. It is further alleged that her husband gave a pen camera and asked her to go to the petitioner on 10/8/2024 at Bheema's Paradise at room No.105 and participate in the sexual activity. It is further alleged that she went to the room along with a pen camera and she participated in sexual activity and she shot the same in pen camera and gave it to her husband and this led to filing of the complaint.