U. P. SRINIVAS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner to quash the proceedings in C.C.No.1208 of 2017 pending on the file of XIV Additional Metropolitan Magistrate, Hyderabad. The petitioner herein is A.2 in the said Calendar Case. The offence alleged against the petitioner herein is under Section 354 of the IPC.

(2.) Heard Sri C.Raghu, learned counsel, representing Sri L.Ravinder, learned counsel for the petitioners and learned Public Prosecutor for 1st respondent-State. Learned counsel for the petitioner would submit that in compliance of the order dated 05.03.2020, a notice was taken out to 2nd respondent and the postal department has returned the said cover with an endorsement "insufficient address". Learned counsel for the petitioner referring to Section 27 of The General Clauses Act, 1897, would submit that the notice sent to 2nd respondent to the address mentioned in the complaint as well as in the charge sheet was returned. Therefore, it is deemed service. Perused the record.

(3.) The allegations against the petitioner herein/A.2 are that on the intervening night of 23/24.01.2003 at about 15hours, the 2nd respondent/defacto-complainant along with her husband and Shane Shamson came to Markaz Manzil, Hill Top Colony to greet one Kelvin's wife by name Charyl, on the occasion her birthday, who was residing in flat No.102. After meeting them, when they were leaving at about 00.50hours and when they started their bike, the petitioner herein/A.2 and A.1 misbehaved with the defacto-complainant for which husband of 2nd respondent and Shane Shamson along with relative of 2nd respondent who were present there, beat A.1 and A.2 and caused injuries to them on nose, eye, face and head and flew away from the spot. On the complaint lodged by A.1, the Police have also registered a case in Cr.No.121 of 2003 for the offence under Section 324 of the IPC.