KAKI RAMU Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner/accused under Sec. 482 Cr.P.C. seeking to quash the proceedings in P.R.C. No. 8 of 2015 pending before IV Additional Metropolitan Magistrate, Cyberabad. The committal proceedings under Sec. 209 Cr.P.C. are pending at the post cognizance stage of Sec. 190 Cr.P.C., based on the police final report under Sec. 173 Cr.P.C., which is the outcome of crime No. 14 of 2015 on the report of the LW. 1 -father of victim (LW 3) for the offence punishable under Ss. 363, 506 and 343 I.P.C., the police filed final report, however, the Magistrate taken cognizance undisputedly for the offence punishable under Ss. 364A, 506 and 343 I.P.C. Heard the learned counsel for the petitioner and the learned Public Prosecutor (Telangana) for the State before notice to the 2nd respondent and before admission. Perused the material on record.

(2.) The learned counsel for the petitioner drawn attention of the Court to Sec. 161 Cr.P.C. statement of LW. 3 -Victim, who is a major undisputedly as if she voluntarily left with the accused and they lived together in a private premises concealing their identity and the police brought her back. The same appears reiterated in her another written statement to the police, which does not have any sanctity more than value to be attached to Sec. 161 Cr.P.C. statement from the original report of the cognizable offence already registered as F.I.R. under Sec. 154 Cr.P.C. vide T.T. Antony v/s. State of Kerala : AIR 2001 SC 2637 : 2001 (5) ALT 3.5 (DN SC).

(3.) Even the two statements of her are in favour of the accused to say as if they voluntarily left and there is no offence, the subsequent Sec. 164 Cr.P.C. statement of said victim before learned Magistrate gives a different version about the complicity of the accused and it is from that material as part of the investigation material, the final report filed by the police and the learned Magistrate has taken cognizance for the offence punishable under Ss. 364A, 506 and 343 I.P.C.