THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10863 of 2023

ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings against the petitioner/accused No.1 in Crime No.169 of 2023 of Kesamudram Police Station, Mahubabad District, registered for the offences punishable under Section 306 read with 511 of the Indian Penal Code, 1860 (for short ‘IPC’).

2. The brief facts of the case are that respondent No.3/de facto complainant lodged a complaint against the petitioner stating that the victim-mother of respondent No.3 is working as watchman at TSWREIS Girls College at Inugurthy. Since five years, prior to her death, the petitioner, who is the Principal in the said college was harassing the victim on one pretext or the other i.e., to do the work as instructed by her instead of doing Watchman duty and abused her in filthy language and abetting her to commit suicide. It is further stated that due to the continuous harassment of the petitioner, the victim vexed upon her life and swollen tablets and committed suicide. Basing on the said complaint, the Police registered a case in Crime No.169 of 2023 for the offence punishable under Section 306 read with 511 of IPC. Hence, the petitioner/accused filed the present criminal petition to quash the proceedings against her.

3. Heard Sri G. V. Shivaji, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of respondent Nos.1 and 2 and Sri S.A. Mahadev, learned counsel appearing on behalf of respondent No.3.

4. Learned counsel for the petitioner submitted that the petitioner is the principal in the said college. The victim was working as Watchman in the said college on outsourcing basis and has been continuously showing dereliction in duties. While the victim was in night duty, 3 students of 5^th class climbed the compound wall and escaped from the institution. The petitioner, vide memo dated 01.09.2022, reported the same to the higher authority. He further submitted that when the victim was instructed to attend night duties on 31.07.2023 and 01.08.2023, as the other Watchman was absent, she did not attend the duties, which was a serious disturbance in providing security to the girl students. Therefore, petitioner reported the dereliction and negligence of the victim in performing her duties, vide letter Rc.No.1/Watchwoman/2023, dated 14.09.2023 and 15.09.2023 to the higher authorities i.e., Regional Coordinator of TSWREIS Khammam Region. He further submitted that the said complaint was made with mala fide intention and with an ulterior motive for wrecking vengeance against the petitioner. Hence, he prayed the Court to quash the proceedings against the petitioner.

5. On the other hand, learned Additional Public Prosecutor and learned counsel appearing on behalf of respondent No.3 vehemently opposed the submissions made by the learned counsel for the petitioner stating that there are serious allegations against the petitioner and due to the harassment only, the mother of respondent No.3 committed suicide and it is the matter which requires trial. Therefore, he prayed the Court to dismiss the criminal petition.

6. In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the petitioner is working as Principal in the A.P. Social Welfare Residential School, Devarakonda, Nalgonda and the victim, who is the mother of respondent No.3, is working as Watchwoman in the said school. The main contention of the learned counsel for the petitioner is that the victim was not performing her duties well, as such, the petitioner reported the same to the higher authorities about the dereliction and negligence of the victim. As seen from the record, the petitioner gave memo to the Watchwoman basing on the complaint given by the other teachers. Therefore, it is clear that