THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.564 of 2012 Between:
Atluri Ravi PETITIONER AND
1. The State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad, and another.
RESPONDENTS ORDER:
This criminal petition is filed to quash the proceedings in C.C.No.683 of 2011 on the file of the III Additional Chief Metropolitan Magistrate, Vijayawada for alleged offences punishable under Sections 506(2) and 290 IPC.
2. Heard both sides.
3. Learned counsel for the petitioner submitted that there is no material supporting the offences charged against the petitioner particularly for the offence under Section 290 IPC. He further submitted that alleged incident was on 5.09.2011 and the report was given on 7.09.2011 and there is no explanation for the delay of two days. For these reasons, the proceedings in C.C.No.683 of 2011 are liable to be quashed.
4. Learned Additional Public Prosecutor submitted that after completion of investigation police filed charge sheet and that there is prima facie material for the offences alleged against the petitioner.
5. According to the prosecution, on 5.09.2011 at about 7.30 p.m. when LW.1 made a phone call to the wife of the accused, the accused scolded her in abusive language and threatened her to kill by pouring acid on her. On these allegations, police conducted investigation. As seen from the material, since the offence under Section 506(2) I.P.C. is a non-cognizable offence, police have obtained necessary permission from the Court concerned and thereafter, investigated the case and filed final report.
6. The objections with regard to delay and the phone conversation cannot be decided at this stage and there are defences available to the petitioner, he can agitate the same before the trial Court.
7. For these reasons, I am of the view that there are no grounds to quash the proceedings in C.C.No.683 of 2011. Accordingly the Criminal Petition is dismissed. No order as to costs. As a sequel, Crl.M.Ps. if any shall stand closed.
JUSTICE S. RAVI KUMAR 23rd April, 2014 Js.