The High Court of Telangana passed a judgment on 26 April, 2023 stating that Delay in lodging the complaint cannot be made basis to quash the proceedings.It was stated in the case of Guruvoju Naresh vs State Of Telangana(Criminal Petition No.1792 OF 2023) which was passed by the single judge bench comprising of HONOURABLE JUSTICE K.Surender
FACTS OF THE CASE:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioners/A1 to A5 to quash the proceedings against them in P.R.C.No.12 of 2022 on the file of Judicial First Class Magistrate, Thungathurthy and also subsequent proceedings after committal of the case to Sessions Court at Suryapet. The offences alleged against the petitioners are under Sections 498-A, 304 (B), 201 r/w.34 of the Indian Penal Code.
JUDGEMENT OF THE CASE
No prejudice is caused to the petitioners if the second FIR was registered, which was done on the basis of the direction of the learned Magistrate. When the first FIR was still pending investigation, the Police ought to have altered the provisions. However, second FIR was registered and investigated into by the very same Police where the earlier crime was pending. The subsequent registration of the FIR and investigation has no adverse effect or prejudice that is caused to these petitioners. Merely on the technical ground that second FIR should not be registered, the proceedings cannot be quashed.In the present facts of the case, when the second registration was not questioned by these petitioners and further the reason for registration of both the FIRs was two divergent versions, I do not find any infirmity with the registration of second crime and consequent filing of the final report. There are no grounds and accordingly the Criminal Petition is dismissed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
