THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL REVISION CASE No.350 OF 2025

ORDER:

This Criminal Revision Case is filed under Sections 438 and 442 of BNSS by the petitioner/complainant seeking to set aside the order dated 04.10.2024 in Crl.M.P.No.1667 of 2024 in Crime No.115 of 2019 on the file of the learned Special Judge for Trial of Cases Under SCs/STs (POA) Act-cum-III Additional Sessions Judge, at Karimnagar (for short, ‘the trial Court’).

2. The brief facts of the case are that the complainant has filed a complaint before the Police, Godavarikhani-I town P.S., against accused Nos.1 to 4 stating that the complainant belongs to SC (Madiga) community on the date of incident she went towards road side and was standing at the door and in the meantime, accused Nos.1 to 3 came there and abused her in filthy language and later when she returned back after throwing out the garbage, accused Nos.1 to 3 called her as ‘Prostitute’. She stated that only the Munnurukapu and Goud caste people were residing in the locality in which she was residing and whenever she was coming out, people of said locality used to abuse her in filthy language. She further stated that accused Nos.3 and 4 who belong to SC community were also residing in the same locality and they used to join hands with accused Nos.1 and 2 and others and all of them used to threaten her to kill her and her family members. To that effect, the complainant approached the Circle Inspector of Police, Godavarikhani-I town and requested to take necessary action, but the police did not take any action. On 16.11.2018, she also sent a petition under R.T.I Act to furnish the G.D. entry in the FIR, but the police have sent a reply on 10.12.2018 asking her to provide the details to whom she sent the complaint through Registered Post and by who it was received. Further, the complainant approached the Assistant Commissioner of Police, Ramagundam and filed a complaint on 29.01.2019, requesting to take action in the matter, but the Circle Inspector of Police and Assistant Commissioner of Police, Ramagundam did not take any action and as such she has approached the High Court of Telangana and filed W.P.No.4281 of 2019, dated 28.02.2019 against the police department and in-turn the Government Pleader in the writ petition produced the copy of FIR No.115 of 2019 stating that the case was registered on 21.03.2019 and that the Hon’ble Court has disposed of the same on 01.04.2019 directing the police officials to explain the reasons for delay in registering the case. Thereupon, the statements of LWs.1 to 5 were recorded in this crime, but without conducting proper investigation, at the instance of accused Nos.1 to 4, concerned police have filed a closure report referring the case as “False” and issued notice to her informing the same. In the statements of LWs.1 to 5 recorded under Section 161 of Cr.P.C, they clearly mentioned the facts and involvement of accused Nos.1 to 4, but the statement of witnesses were not taken into consideration. Hence, the complainant filed Crl.M.P.No.1667 of 2024.

3. After appreciating the oral and documentary evidence available on record, the trial Court has dismissed the petition. The relevant portion reads as under:

“7. Though the complainant has contended the same, but as seen the statements of LWs.1 to 4 recorded under Section 161 of Cr.P.C., except LW.1 who is the complainant, the supporting witnesses failed to support her version and even according to the version of LWs.2 to 4 no such incident took place at the place of incident and only in order to avoid persons entering into their, complainant and her husband have raised such issue. Hence whatever the allegations leveled by the complainant against accused Nos.1 to 4 are not found supported by LWs.1 and 4, hence the closure of the case against accused Nos.1 to 4 by the Police, Godavarikhani-I town is not on wrong footing and this Court does not see any valid reasons to consider the prayer of the complainant and