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2022 DIGILAW 800 (TS)

Sriram Yashwanth, S/o. S. Venkatesh v. State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad

2022-12-20

K.SURENDER

body2022
ORDER : This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioners-Accused Nos.1 and 2 to quash the proceedings against them in FIR No.945 of 2022 pending on the file of Station House Officer, Dundigal Police Station, Cyberabad. The offences alleged against them are under Sections 506 and 504 of Indian Penal Code (for short “IPC”) and Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act-2007 (for short “the Act”). 2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent – State. Perused the Record. 3. The de facto complainant filed a complaint against the 1st and 2nd petitioners who are the son and daughter-in-law of the de facto complainant alleging that they are harassing her and her husband by not taking care. Unable to bear the harassment, the husband of the de facto complainant consumed pesticide, for which reason, the petitioners allegedly scolded them as to why they are living and threatened them, hence, the de facto complainant apprehended threat from these petitioners and sought police protection. The said complaint was registered for the offence under Section 24 of the Act and also under the provisions of Sections 504 and 506 of IPC. 4. Learned counsel appearing for the petitioners would submit that in fact the petitioners have taken good care of the 2nd respondent and her husband. They filed proof of the amounts being paid to the 2nd respondent. Learned counsel for the petitioners further argues that when the husband of the de facto complainant consumed the insecticide, the 1st petitioner had helped him. For the reason of the contents in the complaint the 2nd respondent being false, the crime has to be quashed against the petitioners. 5. Further, the argument of the learned counsel for the petitioners is that grievance if any regarding the maintenance of the parents, she has to agitate before the concerned Tribunal and draws the attention of this Court to Sections 4 and 5 of the Act. 6. Section 4 of the Act says that a senior citizen including parent who is unable to maintain himself or herself shall be entitled to make an application under Section 5 of the Act to the Tribunal. 6. Section 4 of the Act says that a senior citizen including parent who is unable to maintain himself or herself shall be entitled to make an application under Section 5 of the Act to the Tribunal. Either in the event of an application being made under Section 4 or suo-moto the Tribunal can take cognizance of the complaint and accordingly grant maintenance and also procedure is prescribed as to how the Tribunal has to deal with such complaint. 7. The present complaint is made before the police which according to the petitioners is not maintainable, for the reason of the provision under Section 5 of the Act wherein such complaints have to be made before the concerned Tribunal. 8. Section 25 of the said Act, the offences under the Act are cognizable and bailable. Further, an offence under the Act shall be tried summarily by a Magistrate. 9. As seen from the Act, the grievance can be agitated either before the Tribunal or before the concerned police as any offence under the said Act is made cognizable and bailable and such complaints can be tried summarily by a Magistrate, from which it can be inferred that the police have jurisdiction to entertain such complaints. 10. As seen from the offences alleged, all the offences are punishable less than seven years and bailable offences, for which reason, this Court deems it appropriate to direct the Investigating Officer in FIR No.945 of 2022 pending on the file of Station House Officer, Dundigal Police Station, Cyberabad, to follow the procedure laid down under Section 41-A Cr.P.C. and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. Further the investigating officer is directed not to call the petitioners continuously to the police station under the pretext of investigation, unless specifically required. 11. Accordingly, the Criminal petition is disposed off. Miscellaneous applications pending, if any, shall stand closed.