Hon'Ble Sri Justice K. Lakshman Criminal Petition No.895 of 2021 Order
Hon'Ble Sri Justice K. Lakshman Criminal Petition No.895 of 2021 Order
Hon'Ble Sri Justice K. Lakshman Criminal Petition No.895 of 2021 Order
LAKSHMAN
ORDER:
Hyderabad.
The offences alleged against him are under Sections - 377 and 506 of
IPC.
petitioner and Mr. C. Hari Preeth, learned counsel for respondent No.2
4. PROSECUTION CASE:
are as follows:
their business;
donations;
(vi) while so, one day the petitioner called them to his
his devotees;
(vii) under such threat, they have accepted to do sex with the
and tried to beat his brother and friend of his brother, but
against and that he did not commit any offences, much less the
aforesaid offences.
the above crime. The FIR is bereft of relevant details. The petitioner
neither forced the aforesaid persons to do sex with him, nor have had
the brother of respondent No.2 and his friend kidnapped the petitioner
and took him to Bangalore in a Car and confined him in a Lodge and
about 18:20 hours, the petitioner made a call to his devotee, Mr. K.
Kumar and his friend reached the Hospital and on seeing them, the
Station at 12:00 hours and the same was registered as Crime No.15 of
2021 against brother of respondent No.2 and his friend for the
and friend of his brother to do sex with him is totally false for the
filed affidavits duly notarizing that there was no forcible act of sex on
the part of the petitioner and that respondent No.2 filed the present
learned counsel would submit that the present complaint is nothing but
false one and it lacks the ingredients of offences alleged against the
petitioner.
petition.
respondent No.2 has filed the present complaint in a fit of anger as one
and his friend which was registered as Crime No.15 of 2021 and due
1
. AIR 2018 SC 4321
KL,J
Crl.P. No.895 of 2021
6
9. CONTENTIONS OF PROSECUTION:
some more witnesses and he has to collect the evidence also. There
are serious allegations against the petitioners which are factual aspects
petitioner is innocent and did not commit any offence, he can prove
in Crime No.15 of 2021 have filed counter affidavit and third party
basing on the said counter affidavit and third party affidavits reporting
no objection.
against the petitioner herein. The offence under Section - 377 of IPC
the parameters laid down by the Hon’ble Supreme Court in the State
iii) x x x x;
iv) x x x x;
2
2019 (5) SCC 403
KL,J
Crl.P. No.895 of 2021
8
down the said Section partially on the ground that the said section
vi) The Apex Court further held that Section - 377 of IPC in so
of law.
that he has called the brother of respondent No.2 and his friend to his
personal rest room, forced them to do sex with him, for which they
have disagreed. Thereafter, they have agreed for the same on the
threat given by the petitioner that he would curse them to get paralysis
KL,J
Crl.P. No.895 of 2021
10
and that he would ask his devotees to kill them. Thus, under the said
threat, the petitioner had participated in sexual acts with the brother of
there was sex between two adults of same sex. Both the petitioner and
brother of respondent No.2 and his friend are male members. Now, in
view of the law laid down by the Apex Court in Navtej Singh Johar1,
the only point for consideration by this Court is whether there was
herein threatened them that he would curse them to get paralysis and
also threatened that he would ask his devotees to kill them. Under the
said threat, brother of respondent No.2 and his friend have participated
investigation.
affidavit and third party affidavits duly notarized stating that they do
KL,J
Crl.P. No.895 of 2021
11
investigation.
2021 against the petitioner herein for the offence under Section - 377
of IPC is unsustainable.
cause that person to do any act which he is not legally bound to do, or
to omit to do any act which that person is legally entitled to do, as the
specific allegation that the petitioner herein has threatened the brother
KL,J
Crl.P. No.895 of 2021
12
sexual acts with him, he would curse them to get paralysis and also
threatened them that he would ask his devotees to kill them. Thus,
proceedings was called for only in a case where complaint did not
should be done before trial to find out whether case would end in
oath that the ingredients of the offence are disclosed, there would be
not. The Court has to consider whether complaint discloses that prima
The State of Uttar Pradesh4, the Apex Court referring to the earlier
extreme caution.
Courts under Section - 482 of Cr.P.C and also Article - 226 of the
“….
4
. AIR 2021 SC 931
5
. AIR 2021 SC 1918
KL,J
Crl.P. No.895 of 2021
14
allegations against the petitioner herein and there are several factual
crime.
11. CONCLUSION:
according to this Court, the petitioners failed to make out any ground
_________________
K. LAKSHMAN, J
26th July, 2021
Mgr