MD JAHANGEER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The 1st petitioner-Md.Jahangeer and the 2nd and 3rd petitioners Wazeera Bee and Md.Abbas Ali are A.1 to A.3 respectively in C.C.No.353 of 2014 pending on the file of the I Addl.Judicial Magistrate of First Class, Mancherial (for short, 'the Magistrate') outcome of Cr.No.173 of 2013, dt.02.10.2013 of the Mandamarri (M) Police Station registered for the offences punishable u/sec.406 and 506 IPC r/w 156(3) CrPC on his/her forwarding the private complaint filed by the 2nd respondent-complainant by name Ruksana Begum before the learned Magistrate for registering crime and investigation. On which the police supra after investigation filed chargesheet on 30.07.2014 and the same was taken cognizance by the learned Magistrate and numbered as Calander Case supra.

(2.) The contents of the private complaint of the 2nd respondentcomplainant in registering the crime are that the marriage of the complainant with A.1 was performed on 30.07.2010 at her parents' house at Mandamarri as per their caste custom and at the time of marriage, L.W.2-Raja Mohammad, father of the complainant gave cash of Rs.4,50,000/-, 4 tulas of gold and household articles worth of Rs.2,00,000/- to the accused as stridhana property in the presence of L.W.3-Md.Osman Bashu and L.W.4-Shaik Mohamood and other relatives. After the marriage, the accused persons started ill-treating the complainant demanding for additionally dowry and in turn the father of the complainant paid Rs.5,00,000/- to the A.1 on 26.12.2010 and again Rs.6,00,000/- on 16.02.2011 and also paid Rs.4,00,000/- on 29.05.2011 in all Rs.19,50,000/- towards stridhana property of the complainant, but the accused again demanded for additional dowry of Rs.3,00,000/- and caused domestic violence. In the month of December, 2011, all the accused abused and beat the complainant demanding for additionally dowry, snatched gold ornaments and necked her out. The complainant, after waited for some time expecting change in the attitude of the complainant, finally lodged a complaint to police supra who registered it as Cr.No.37 of 2012 for offence punishable u/sec.498-A IPC against the accused persons herein. She further averred that the above presentations including Rs.19,50,000/- which are stridhana property of the complainant entrusted to the accused, they are being the custodians of said property, liable to hand over as and when demanded but they kept with them and misused for their own and refused to pay the amount and return the articles saying they used away the same. Finally on 10.07.2013 when the complainant demanded for return of the amount and articles supra, the accused refused and threatened her and her parents with dire consequences to do away with their lives. Hence to take action.

(3.) The police having registered the crime after investigation filed charge sheet on 30.07.2014 by citing 7 witnesses including the investigating officer who registered the crime from the referred private complaint of the Magistrate and investigated, among others L.W.7 is the complainant, L.W.2 her father-Raja Mohammad, L.Ws.3 to 6 other witnesses to corroborate in saying in the course of investigation L.W.2 corroborated to L.W.1 said facts covered by the First Information Report supra. It is not mentioned what L.Ws. 3 to 6 stated separately but for in para-13 of the charge sheet page 2 mentioned as they corroborate the statement of L.W.2 and the learned Magistrate therefrom taken cognizance for the offence supra by allotting Calander Case number 353 of 2014(present Case) which is subject matter of the impugnment in the quash petition.