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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
Saurav Jain , Sunil Raidhani – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioner/accused seeking to quash the proceedings in C.C. No.3603 of 2021 on the file of the XI Additional Chief Metropolitan Magistrate, Secunderabad, for the offences punishable under Sections 354(D) and 509 of the Indian Penal Code, 1860 (for short ‘IPC’).
2. Heard Mr. Chekuri Yadagiri, learned counsel for the petitioner, Ms.Yogitha Prakash, learned counsel, representing Mr. Sunil B Ganu, learned counsel for respondent No.2/de facto complainant and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor, appearing on behalf of respondent No.1-State.
3. Brief facts of the case:
3.1. Respondent No.2 lodged a complaint against the petitioner on 22.06.2021 at 17-45 hours before the Station House Officer, Karkhana Station, stating that she has been continuously stalked by three phone numbers on WhatsApp and received messages since March, 2019 and that recently also she received similar kind of messages from the above mentioned numbers and the pattern of the messages is the same and therefore, it is very clear that someone is stalking her for a lon
Lack of specific allegations or direct involvement in stalking or insulting modesty leads to quashing of criminal proceedings under IPC.
Vague allegations without supportive evidence do not sustain charges under IPC; a girlfriend is not a relative under Section 498A IPC.
A woman cannot be alleged to have committed offence under Section 354D IPC.
A girlfriend cannot be deemed a relative under Section 498A, and without specific allegations, there is no prima facie case for stalking, mischief, or intimidation against the petitioner.
Continuation of proceedings is not justified where allegations do not substantiate the charges, indicating potential abuse of process.
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