This Criminal Petition has been taken out under Section 482 Cr.P.C. by accused Dr. Katari Sunil Kumar in C.C.No.558 of 2011 on the file of the Judicial Magistrate of First Class, Kurnool, to quash the proceeding therein.

2. Dr. B.Hema Nalini-1st respondent is working as Medical Officer, Primary Health Centre, Itikyala, Mahaboobnagar District. Dr. Katari Sunil Kumar-petitioner is working as Medical Officer, Primary Health Centre, Manopadu, Mahaboobnagar District. Since they are working in the same district, they are acquainted with each other. Both of them stay in Kurnool Town. They got their respective internet connections at their residences. Dr. B.Hema Nalini-1st respondent lodged a report with Cyber Crime Police Station, Hyderabad, alleging that she received obscene messages from Dr. Katari Sunil Kumarpetitioner to her e-mail address. The Cyber Crime Police Station, D.D., Hyderabad, registered a case in Crime No.112 of 2009 for the offence under Section 509 IPC. The crime came to be transferred to Kurnool III Town Police Station on the point of jurisdiction. The Station House Officer, Kurnool III Town Police Station, registered a case in Crime No.186 of 2009. The Sub-Divisional Police Officer, Allagadda, Kurnool District, took up investigation, seized the laptop of the petitioner/accused and sent the same to F.S.L. The investigation done by the Sub-Divisional Police Officer, Allagadda, revealed of there being a professional rivalry between Smt. Dr. B.Hema Nalini-1st respondent and Dr. Katari Sunil Kumar-petitioner and therefore, he filed final report in the Court of the Additional Judicial Magistrate of First Class, Kurnool, treating the case as Action Dropped. For better appreciation, I may refer relevant portion of the final report, which reads as hereunder:

“Further investigation in to the matter, disclosed that there was some professional enmity between the accused and the complainant at their working places over an issue of transfer of one ANM Surekha Kumari who was working with the complainant was not relieved for the services to the accused. The enmity is known to all and there was a talk that the complainant had high handed behaviour with her subordinates. The complainant and the accused are in the age groups of 54 and 23 years respectively and sending of emails on the email I.D. of the accused to the complainant is the question of doubt and on verification and it could not be ascertained whether the accused had transmitted them to the complainant or not. Basing on the prima facie only the arrest was made on the available evidence.

The opinion of the Expert was forwarded to the trial Court and the copy of the same was collected.

On examining the opinion furnished by the Expert there are different messages including of Dr. Sunil (accused) as User names and there are several obscene images in gif & jpg file formats were found. The DATA retrieved from the Laptop has different images and messages; the expert is not clear and can not be connected whether the MAC address furnished by the BSNL in the end User’s details will not clearly indicate about the User’s details from the complainant and the accused. Even the remnants of the disputed/obscene emails were found in the Laptop of the accused person (as per the FSL report) which may not be connecting to the accused. Even some pornographic contents also found in the Laptop which were not opened by the accused on the basic interrogation made before his arrest. It appears that in order to take some kind of vengeance by the subordinate staff was made to defame the accused.

In view of the above facts, proposals sent to the Superintendent of Police, Kurnool for according permission to drop further action against the alleged accused. As such the Superintendent of Police, Kurnool accorded the permission to drop further action vide cited reference 2. The copy of proceedings is herewith enclosed for favour of kind perusal.

Hence, I request the Hon’ble Magistrate to treat