CHEKURTHY SWAROOPA RANI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Petition is filed under Section 482 of Cr.P.C., seeking to quash the proceedings initiated against the petitioners in S.T.C.No.1 of 2014 on the file of the Principal Assistant Sessions Judge, Mancherial, for the offences punishable under Section 175 read with Section 34 of I.P.C.

(2.) The facts which led to filing of the present Criminal Petition are as under:

(3.) The 1st petitioner is the de facto complainant in S.C.No.142 of 2006 and the 2nd petitioner is her husband. One Mantham Shyamsunder Rao, who is the sole accused in S.C.No.142 of 2006, was tried for the offences punishable under Sections 354 and 506 of I.P.C. In the said Sessions Case., P.W.5-Chekurthi Aslesha is the daughter of the petitioners herein. During the course of trial, P.W.5 was examined in chief and at that time the accused was not ready for her cross-examination and as such the same was closed. Later, the accused filed Crl.M.P.No.259 of 2011 to recall P.W.5 for her cross-examination and the same was allowed. The 2nd petitioner basing on the request of P.W.5 issued a letter to the Advocate Commissioner, who was appointed for recording cross-examination of P.W.5 through video conference, stating that his daughter is busy in Switzerland with her project work and requested to record her cross-examination on 28.07.2013 or any other day. Later, after consulting with her daughter, the 1st petitioner gave another letter dated 06.08.2013 to the Advocate Commissioner stating that the husband of P.W.5 is not permitting P.W.5 to give evidence and requested to close the evidence of P.W.5. Thereafter, Bailable Warrant was issued to P.W.5. Subsequently summons have been issued to the petitioners to furnish the addresses of P.W.5. On 22.05.2014 the 2nd petitioner was present and the matter was posted to 02.06.2014. On that day, the petitioners were absent despite service of summons and hence the matter has been posted to 05.06.2014. Basing on the absence of the petitioners, the Court below came to the conclusion that a prima facie case has been made out against the petitioners for the offence punishable under Section 175 read with Section 34 of I.P.C. and the case was taken on file as S.T.C.No.1 of 2014 and issued summons to the petitioners. Challenging the same, the present Criminal Petition is filed.