HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8089 OF 2010 Dated : 24.08.2010 Between : S.Elangovan … Petitioner-accused a n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8089 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-accused seeking to quash the proceedings in Crime No.212 of 2010 of Government Railway Police Station, Secunderabad, registered for the offence punishable under Section 354 of Indian Penal Code. Heard. The Prosecution case is that on 08.06.2010 de facto complainant and his wife boarded a train and occupied their respective berths. Further, when they were sleeping on their respective berths, the petitioner-accused woke up the wife of the complainant by putting his hand and tried to outrage her modesty. Learned counsel for the petitioner submitted that the complaint of the complainant does not reveal the ingredients of criminal force and assault. As such, Section 354 IPC cannot be attributed to him and proceedings against the petitioner are liable to be quashed. This Court, after hearing the arguments of the counsel for the petitioner and perusing the material on record, is of the view that it is the prerogative duty of the investigating officer to verify as to whether the petitioner intentionally did the acts or not. Since investigation in this crime is yet to be completed, this Court is not inclined to quash the proceedings at this stage. Therefore, the Criminal Petition is dismissed. ________________________ JUSTICE RAJA ELANGO Dated : 24.08.2010 sur