Telangana HC refuses to stall criminal complaint
According to the complaint, the members of the family got the documents signed by holding a knife against the throat of the complainant
Hyderabad: Justice K Lakshman of Telangana High Court refused to stall a criminal complaint filed by an octogenarian woman, a widow, against her son and other members of the family under Maintenance and Welfare of Parents and Senior Citizens Act, and provisions of Indian Penal Code.
According to the complainant, she and her husband were meted out mental torture, threatened by fraud and coerced to sign three gift deeds with regard to her immovable properties by her son, his father-in-law and other family members. According to the complaint, the members of the family got the documents signed by holding a knife against the throat of the complainant. Various other acts of torture, including threat to commit suicide, were also alleged in her police complaint in Raidurgam. Her mobile phone was also confiscated by her son and daughter-in-law many times.
The petitioners denied the allegations and pointed out to disputes between the siblings. The petitioners said that the elderly woman in her complaint lodged in January was trying to criminalise the civil proceedings by way of lodging the said complaint during the pendency of the civil suit.
Public Prosecutor pointed out that there were specific allegations of threatening to kill the complainant with knife and attempting to kill her by strangling, by keeping hot water bag on the waist. There was specific allegation that they had also stopped giving medicines to the complainant and her younger son.
“Thus, there are several factual aspects to be investigated by the Investigating Officer,” Justice Lakshman pointed out.
The judge refused to go into the contention of the petitioners that the Raidurgam Police Station was not having jurisdiction to entertain the said complaint. He pointed out that it was a matter to be investigated by the Investigating Officer.
The judge reiterated, “At the initial stage of issuance of process, it was not open to courts to stifle proceedings by entering into merits of the contentions made on behalf of accused. Criminal complaints could not be quashed only on ground that allegations made therein appear to be of a civil nature. If ingredients of offence alleged against accused were prima facie made out in complaint, criminal proceeding shall not be interdicted.”
The judge, however, observed that the complaint did not make any specific allegations against the grand daughter and the father-in-law of her son and therefore quashed the complaint in so far as they are concerned.
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