A PULLA REDDY Vs. K PUSHPA

JUDGEMENT

(1.) In this petition filed under Section 482 Cr.P.C., the petitioner seeks to quash the proceedings in Crl.R.P.No.12/2004 dt. 21-9-2004 on the file of Additional Sessions Judge, Hindupur, whereunder the learned Sessions Judge allowed the revision petition filed against the orders dt. 28-1-2004 in CF No. 1838/2003 on the file of Judicial Magistrate of First Class, Penukonda dismissing the complaint filed by the defacto- complainant under Section 203 Cr.P.C.,

(2.) The first respondent herein who is the defacto- complainant filed a complaint against the petitioner herein (A-1) and two others for the offences punishable under Sections 448, 324, 354 IPC stating that she is a law graduate and presently managing Kolasani Information Technology. She was residing at Door No.6/26-D at Puttaparthy along with her parents and sister. Her elder sister purchased a plot and was proceeding with the construction, which was looked after by the complainant. A-2- Bogam Narayanappa, who is the owner of adjacent plot, taking advantage of helplessness of the complainant and her family members contemplating to grab six feet rastha so as to deny access to the main road. With the said intention, he approached A-l who is the Circle Inspector of Police at that time. A-1 sent two constables to the house of the complainant on 5-7-2003 at about 8 PM to bring her to the Police Station. Thereupon the complainant informed them that it is night time and it is not possible for her to come to the police station. On the next day when the complainant is attending to the construction, A-2 along with his henchmen and two constables demanded the complainant to stop the construction work and threatened her to leave the spot. They further threatened that if she does not come to the police station, they will demolish the construction which was already made and will not allow her to make further construction. On 6-7-2003 at 10 PM when the complainant and her parents were at their house, A-l in a drunken condition came to the house along with A-2 and A-3 and trespassed into the house and abused the complainant in most filthy language. A-l further threatened that whether it is night or day, complainant is bound to obey his orders. The complainant asked A-l to act with a decency, for which he got irritated, caught hold of the tuft of the complainant and dragged her stating that who will come to her rescue even if he outrages her modesty. A-2 beat her father and A-l kicked her father on his buttock with boot. A-3 and two constables dragged the sister of the complainant by catching hold of dupatta and in the process, dupatta got torned. Unable to bear this, the complainant and the inmates of the house ran out of the house.

(3.) In spite of the same, the accused came behind and abused the complainant and others in most filthy language in the presence of the public threatening that he will register a case against them. The complainant sent a complaint to the Superintendent of Police, Anantapur as well as to the Station House Office, Puttaparthy Police Station. As Station House Officer, Puttaparthy Police Station refused to receive the complaint from the complainant, she met the Superintendent of Police on 7-7-2003 and submitted a complaint to him, who forwarded the same to the Deputy Superintendent of Police, Puttaparthy. Since no action has been evoked, she filed a complaint before the Magistrate. On filing the same, sworn statements of the complainant and other witnesses, namely father of the complainant and neighbours were recorded by the Magistrate.