HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.5662 OF 2008 DATE: 31-03-2011 BETWEEN: N. Hussain Basha. - - - Petitioner/ Accused. AND The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad, And another. - - - Respondents. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.5662 OF 2008 ORDER: This Criminal Petition is filed by the petitioner/accused under Section 482 of Cr.P.C. seeking to quash the proceedings in P.R.C. No.28 of 2008 on the file of the Court of Additional Judicial Magistrate of First Class, Adoni, Kurnool District, registered for the offences punishable under Sections 354, 447, 500 and 506 of I.P.C. 2. The Petitioner is the accused, the second respondent is the complainant and the first respondent is the State. 3. The facts of the case in brief are as follows : On 18-07-2006 at about 12 mid night the accused trespassed into the house of the de-facto complainant and searched for her husband and went away and on 19-07-2006 at about 05-00 a.m. the accused again trespassed into the house kicking the door of the house being in drunken mood and thereupon the complainant with dire consequences demanded her to pay debt claimed to be due to him and abused her in a filthy language following which complaint was preferred before the II Town Police Station, Adoni, but no action was taken by the police. Further, on 23-07-2006 at about 12-00 p.m. the accused again trespassed into the house and enquired about her husband and thereafter her close relatives interfered and pushed her away and while leaving the place the accused uttered “Bai bai, Ta ta see you” and in that regard also a report was given to the police but once again no action was taken by them and thereby he is liable to be punished for the offences punishable under Sections 354, 447, 500 and 506 of I.P.C. 4. At the outset, the learned Additional Judicial Magistrate of First Class, Adoni, referred the matter to the concerned Station House Officer under Section 156(3) of Cr.P.C. and subsequently final report was filed before the learned Magistrate treating the case as false and accordingly it was accepted. Subsequently protest petition was filed and then sworn statements of the complaint and her sister-in-law namely Khairunnisa Begum were recorded, on the basis of which the case was taken on file under the said sections of law by him. 5. It is the contention of learned counsel for the petitioner that only in view of demand made by the petitioner to pay the debt sending notice dated 05-01-2006, the complaint was filed and in fact the allegations made in the complaint and also in the statements of the complainant and her sister-in-law do not disclose that the petitioner committed the said offences. 6. Therefore, it is to be seen as to whether sufficient material is available in order to take cognizance of the case and whether the learned Magistrate properly examined the matter and whether the present petition is to be allowed or not? 7. It is very pertinent to note here that as per the complaint, it is only pleaded that on23-07-2006 at about 11-00 p.m. the accused trespassed into the house of the complainant being under the influence of liquor and pushed her by putting his hands on her chest and then enquired as to whether her husband was there and then uttered “Too aur tera marad mere upper complaint karte kyat um ku chappal lake martoo” and in the meanwhile, her father and others rushed to the spot and then they pushed him away and while leaving the place he also uttered “Bai bai, tata see you” and thereby he committed the said offences. 8. Accordingly the complainant as PW.1 and her sister-in-law as PW.2 gave statements before the learned Magistrate on the basis of which the cognizance of the case was taken. In her statement having deposed as stated in the complaint she also pleaded that the accused threatened her that he would beat her husband with chappal if the matter was reported to the police on the earlier occasion which took place on 18-07-2006 on the later occasion which took place on 19-07- 2006 and then her sister-in law Khairussisa Begum, father in law Nazeer Ahmed and one Seksha vali Rammohan Goud and one Pandu rushed into their house and in the presence of them the accused misbehaved. Further, PW.2 deposed similarly by and large there is some material to the effect that the accused trespassed into the house of the complainant and misbehaved with her even though there are no specific allegations of committing of any offences under section 354 of .I.P.C. Section 354 I.P.C. provides : “Assault or Criminal force to woman with intent to outrage her modesty : Whoever assaults or uses criminal force to any woman, intending to ;outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” 9. Further, it is important that admittedly the husband of the de- facto complainant due certain amount to the accused and he demanded the de-facto complainant to pay that amount. It is also pertaining to note here that according to the accused in view of the demand made by him to pay the amount a false case was foisted against him. Further, it is also pertaining to note here that the police conducted necessary investigation and filed final report to the effect that it happened to be a false case. All these factors are to be taken into consideration in order to decide whether there was any abuse of process of law and the cognizance of the case would unnecessarily cause sufferance to the accused. Taking into consideration the circumstances of the case, I feel that apparently there is clear material to the effect that a false case was foisted against the accused in view of the demand by the accused for paying necessary amounts. Hence, it is a fit case to be brought within the purview of section 482 Cr.P.C. and quash the proceedings. In the result, the Criminal Petition is allowed quashing the proceedings in P.R.C No.28 of 2008 on the file of the court of Additional Judicial Magistrate of First Class, Adoni, Kurnool District. __________________________ G. KRISHNA MOHAN REDDY, J Dated: 31-03-2011. Dsh.