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2022 Supreme(Telangana) 234
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Ujjal Bhuyan, J.
Vemula Veeresham – Appellant
Versus
The State of Telangana and Ors. – Respondents
Criminal Petition No. 8155 of 2021
Decided On : 02-02-2022
Advocate Appeared:
For the Appellant :Suryanarayana, Advocate for Rapolu Bhaskar, Advocate
For the Respondent: Sri Ganesh, Additional Public Prosecutor
Headnote:
Criminal Procedure Code, 1973 - Section 482 – Indian Penal Code, 1860 - Sections 420, 506, 509 – Criminal Conspiracy a nd Cheating – Seeking quash of complainant - Complainant stated that her husband put whatsup message 10 Pushpa who is wife of Veeresham, but she did not reply to him. Today morning her husband Mr. Kotesh telephoned to Mada subjecting to money then he replied to her husband as "NUVVU VEERESHAM GUDDA LENGINCHUKORI". The same also was told to her. Today evening, her husband consumed insecticide poison and fell unconscious in house, then she went into the house shifted him to Hospital with help of neighbours. Hence, she requested to take legal action against appellant, Mada who are responsible for the suicide of her husband and mediator to giving money, cheating and threatening her and her husband with dire consequences to kill them for fear of death and do justice as per law – Held, It is seen that, on the instructions of the petitioner, informant's husband gave Rs. 10 lakhs to one Madhav to win local body election. Petitioner also furnished original plot documents to husband of informant. Later on, when informant's husband asked the petitioner for refund of money he did not repay same. Instead, it is alleged that petitioner abused the informant in filthy language. Further, he told informant that her husband had committed theft of the documents and threatened her with dire consequences. Because of such development, informant's husband attempted suicide by consuming poison and had to be hospitalized - it cannot be said that there is no case made out at all in the First Information to warrant quashing of the same - Criminal Petition dismissed.
ORDER :
Ujjal Bhuyan, J.
1. Heard Mr. Suryanarayana, learned counsel appearing on behalf of Mr. R. Bhaskar, learned counsel for the petitioner and Mr. S. Ganesh, learned Additional Public Prosecutor (State of Telangana), for respondent No. 1. None has appeared for respondent No. 2.
2. This Criminal Petition has been filed under Section 482 of the Criminal Procedure Code, 1973 (Cr.P.C.) for quashing of Crime No. 128 of 2021 on the file of Nakrekal Police Station, Nakrekal in the District of Nalgonda.
3. Learned counsel for the petitioner submits that on a reading of the First Information, no case of any offence against the petitioner is made out. At the most, it can be a civil dispute. Therefore, it would be wholly incongruous if the petitioner is made to suffer the agony of a criminal investigation and trial. The First Information should therefore be quashed.
4. On the other hand, learned Additional Public Prosecutor submits that a reading of the First Information would go to show that there are specific allegations against the petitioner, and therefore, the allegations would need to be investigated. If on investigation, police finds no case against the petitioner, final report will be filed. At this stage, the petition is pre-mature.
5. This Court by order dated 11.11.2021 had issued notice and passed an interim order restraining respondent No. 1 from taking any coercive steps against the petitioner.
6. To appreciate the rival contentions, the First Information lodged by respondent No. 2 may be adverted to. For easy reference, the same is extracted as hereunder:
"The brief facts of the case are that, today, i.e., on 05.05.2021 at 21.00 hours the complainant Kommu Sandhya W/o. Kotesh, aged: 33 years, Caste: Yaddv, Occ: House-wife, R/o. Vasavi Nagar, Nakrekal Town came to Police Station, and submitted a petition in Telugu in which she stated that her husband, viz., Kotesh, aged 43 years, had worked in Army about 17 years and retired in the year 2017. Since then she along with her husband and two children were residing in Vasavi Nagar of Nakrekal Town. Her husband and Nakrekal Ex. M.L.A. Vemula Veeresham both were classmates and with his encouragement her husband had participated in Local body elections of M.P.T.C. Elections at Aitipamula Village which was conducted in April, 2019, and he lost. At that time, the said Vemula Veeresham had asked her husband to give Rs. 10,00,000/- as hand loan to one Mada Yadagiri who won as MPTC and who was also trying for the post of M.P.P. In the month of June, 2019 her husband gave net cash Rs. 5,00,000/- to Mada Yadagiri at Vemula Veeresham house in the presence of one Kattangur Vice M.P.P. Koti Reddy, Ganji Shankar and Bejawada Saidulu who is Sarpanch of Aitipamula Village, and the remaining net cash of Rs. 5,00,000/- which has to give to her husband for someone, the same also convinced to Mada Yadagiri from them. On that, the said Mada Yadigiri wrote down two promissory notes to one Kommu Raju who is younger brother of her husband regarding Rs. 5,00,000/-. At that time, Vemula Veeresham also submitted original plot documents to her husband which was having on the name of Puspa who is wife of Veeresham as surety. After some days, her husband asked about Rs. 10,00,000/- to Mada Yadagiri. But, Mada Yadagiri replied him that he would give after some days and continued same words. Thereafter, her husband asked Veeresham regarding money. But, he replied him that he would pay and also convinced her husband. But till today he did not repay the money and her husband asked her to go to the house of Veeresham and ask for the money. But, Veeresham abused her in filthy language a: "EVATIVE NAA INTIKI RAVADANIKI, MENU MEEKU ICHEDI UNTE NANNU ADUGU VERB VALLA NANNU ADAGUVADDU NAAKU SAMBANDAM LEDU". She replied to him as if there is no relation to him, and why she gave plot documents to her husband that is in her name. Then, Veeresham replied to her that her husband committed theft of the plot documents and threat
