HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.15391 of 2013 Date: 10-6-2014 Between Pamulaparthy Revathi Devi … Petitioner/ Accused No.1 and Thaduri Kalyan … Respondent/
De facto Complainant
The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad … Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.15391 of 2013 Order:
The petitioner is the 1st accused in C.C.No.404 of 2012 on the file of the IV Additional Judicial Magistrate of First Class, Warangal. She seeks for the quashment of the case against her.
2. The 1st respondent filed a complaint against two persons, who are accused 1 and 2. Accused 1 and 2 are Advocates. Ultimately, the Court took the case on file under Section 506 IPC against accused No.2 and under Section 506 read with Section 109 IPC against accused No.1. The learned counsel for the petitioner submitted that summonses were not served upon the petitioner even by the middle of 2013. He further contended that the charge-sheet allegations did not make out a case for the offence under Section 506 IPC against the petitioner.
3. The case of the 1st respondent is that his wife who separated from him developed illicit intimacy with the 2nd accused and that when he engaged the services of the 1st accused, the 1st accused tried to induce the 1st respondent to take steps to kill the 2nd accused. There is no allegation in the charge-sheet that the petitioner committed any acts of criminal intimidation against the 1st respondent. If there are any allegations against the petitioner, they are aimed at the 2nd accused.
4. As no allegation prima facie is found against the 1st accused for the offence under Section 506 read with Section 109 IPC, the case against the petitioner for the offence under Section 506 read with Section 109 IPC is liable to be quashed.
5. Accordingly, this criminal petition is allowed.
C.C.No.404 of 2012 on the file of the IV Additional Judicial Magistrate of First Class, Warangal is quashed so far as the petitioner/1st accused is concerned.
The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
10th June, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.15391 of 2013 10th June, 2014. (Ak)