THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.8397 OF 2021

ORDER :

This Criminal Petition is filed under Section 482 of Cr.P.C.

seeking to quash the proceedings against petitioners/accused Nos.1 and 2 in C.C.No.1911 of 2020 on the file of the learned IV Additional Metropolitan Magistrate-cum-IV Additional Junior Civil Judge, Cyberabad, at L.B.Nagar (for short, “the trial Court”) for the offences punishable under Sections 354 and

354-A of I.P.C.

2. Heard Mr.Nomula Prasanna Kumar P, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant public Prosecutor appearing for respondent No.1-State.

3. The brief facts of the case are that on 16.02.2020 at 14:30 hours, respondent No.2 filed a complaint against petitioners stating that for the past four years, she was working as a Contract Labour in Aura Medical Company, Mallapur; that when she was attending work at Tea room, the labour Contractor Nagaraju entered into the room, harassed her by holding her hand and told that he would pay money to her if she would come to him, otherwise, she will be removed from the job; that respondent No.2 complained about the same to PAs of MD/Ramarao namely Ravi Shankar, Sathya and Navamani but they said that she had to obey the Contractor and Driver Nagaraju; that again, about ten (10) days back, when she was having Tea in Tea room, again the Driver Nagaraju, entered the room, caught hold of her hand and forced her to fulfil his desire and that if she did not accept him, he will get her removed from the job; that he bet her with hands and removed her from the job. Basing on the said facts, the present crime is registered.

4. Learned counsel for the petitioners submits that respondent No.2 had filed false case against the petitioners with an ulterior motive to wreak vengeance, due to private and personal grudge upon them. He states that no specific overt acts are attributed against the petitioners and basing on vague allegations, the present crime is registered against them.

Therefore, he seeks to allow the Criminal Petition.

5. Opposing the same, learned Assistant Public Prosecutor contends that unless and until a full-fledged trial is conducted, the truth cannot be elicited. Therefore, he seeks to dismiss the Criminal Petition.

6. Having regard to the submissions made by both the learned counsel and relying upon the decision passed the Hon’ble Supreme Court in M/s.Neeharika Infrastructure Private Limited Vs. State of Maharashtra and Others, 1(2021) 4 S.C.R. 1044, this Court finds that the points raised by the petitioners cannot be countenanced by exercising power under Section 482 of Cr.P.C. Therefore, this Court is not inclined to entertain the Criminal Petition at this stage and the same is liable to be dismissed.

7. Accordingly, this Criminal Petition is dismissed. However, as sought for by the learned counsel for the petitioners, the appearance of the petitioners/accused Nos.1 and 2 is dispensed with in C.C.No.1911 of 2020 before the trial Court when represented by their counsel on record subject to filing an affidavit by the petitioners stating that in their absence, the proceedings conducted by their counsel will not be disputed by them in any manner. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of failure of the petitioners to appear when the Court directs, this order dispensing with their appearance stands vacated automatically.

Miscellaneous Petitions, pending if any, shall stand closed.

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E.V.VENUGOPAL, J Date: 05.08.2025

ESP