THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.6178 of 2011 ORDER: This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.186 of 2011 on the file of Eluru II Town Law and Order Police Station. The respondent-defacto complainant gave report to the police in which it is stated that she is a resident of Gabbalavari Street, R.R. Pet, Eluru and is working as Teacher in St.Teresa High School and her marriage was performed with the petitioner (A1) Sk.Mustaq Ahmed who is a Doctor and who is running hospital in the name and style of ‘Rajya Nursing Home’ in 1972 and they have one son and daughter and since four months the petitioner has not been coming to the house and has been maintaining illegal contacts with another woman and therefore on 28.6.2011 in the afternoon at about 1.45 hrs. she went to the Nursing Home to meet the petitioner, there she found him along with one Rashid, R.M.P. Doctor in one room and when she asked Rashid to come out of the room to talk to the petitioner personally, he refused to do so and instead he locked the doors of the room and the petitioner-A1 pushed her and she fell down on the floor and thereafter, the petitioner pressed on her throat, scolded her in filthy language and bet her with hands and thereafter asked Rashid (A2) to rape her and then Rashid had torn her jacket and scratched her with his fingers and thereafter they both tied her with rope to a chair and threatened to inject poison but somehow she escaped from there. The II Town Police, Eluru on the basis of the report, registered the case in Crime No.186 of 2011 against the accused under Sections 354, 323, 506 read with 34 IPC. Hence, the accused has filed this petition to quash the said proceedings. It is the contention of learned counsel for the petitioner that as the petitioner-A1 was the husband of the defacto-complainant, therefore application of Section 354 IPC in the present case is not tenable and further the offences under Sections 323 and 506 IPC are non-cognizable offences and as such, the police got no jurisdiction to conduct necessary investigation without the permission of the Court and hence the proceedings are to be quashed. A reading of the report lodged by the respondent-defacto complainant clearly shows that severe allegations were made not only against her husband, but also on the other person (A2) with regard to the alleged offences. Unless necessary trial is conducted, the matter cannot be properly disposed of, whereas there are no grounds to quash the impugned proceedings. For the foregoing reasons, the Criminal Petition is dismissed at the stage of admission. ________________________ G.KRISHNA MOHAN REDDY, J Date: 27.7.2011 DA THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.Rc.No.952 of 2004 27.6.2011