SURYA CHANDRA RAO Vs. KASI NAGAPPA

JUDGEMENT

(1.) Heard both sides.

(2.) In this petition under Section 482 of Cr.P.C, the petitioner seeks quashing of the proceedings in C.C. No. 53 of 1999 on the file of the Judicial Magistrate of I Class, Thamballapalle, Chittoor District under which the accused are sought to be prosecuted for the offence under Section 420 of I.P.C.

(3.) It appears that the complainant had earlier filed the complaint before the Magistrate which was referred under Section 156(3) of Cr.P.C., to the police concerned for investigation. The police after investigation filed a final report stating that the allegations disclose a civil dispute and do not constitute an offence. The complainant being aggrieved with this filed a fresh complaint and the complainant's sworn statement was recorded and the learned Magistrate passed an order taking cognizance against the petitioner.