Justice G. Anupama Chakravarthy of the Telangana High Court on Wednesday directed the Jubilee Hills police of Hyderabad to issue notice to Victor David, who was arrayed as accused in a case, under Section 41 of Criminal Procedure Code.
The case was registered against him and film actor Dimple JP also known as Dimple Hayathi following a complaint lodged by M. Chetan Kumar, driver of Traffic police Deputy Commissioner of Police Rahul Hegde alleging that Ms. Hayathi damaged the DCP’s official vehicle. Section 353 (assaulting or using criminal force to deter public servants from discharging their duties) of Indian Penal Code was also invoked in the First Information Report issued against them.
Ms. Hayathi and Mr. David filed a criminal petition in the High Court seeking to quash the FIR. Presenting his contentions, petitioners’ counsel said the FIR was issued at the behest of the DCP. He argued that the incident would not attract Section 353 of IPC as there was no element of anyone (including the petitioners) attempting to deter any public servant from discharging official duties.
Government counsel contended that the petitioners had damaged the DCP’s official vehicle using Ms. Hayathi’s car. He told the court that police had evidence against the petitioners in the form of video footage. He informed the court that already the film actor was issued 41A notices.
Justice G. Anupama Chakravathy told the police to issue similar notice to the second petitioner also in the case. The Judge directed both of them to appear before the police for questioning in the case.
ED told to present records
In a separate matter, Telangana High Court directed the Enforcement Directorate to present records of the cases registered against Sri Krishna Jewellers by Friday. A Bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji passed this direction while hearing a petition filed in a batch of writ petitions.
The petitioners wanted to quash the order passed by PML Act Adjudicating Authority in the cases booked against them. They requested the court to pass directions to return all documents seized by ED authorities during the searches conducted by them on their premises and de-freeze their bank accounts.
