R RAMA KRISHNA RAO Vs. K RAMANAIAH

JUDGEMENT

(1.) This Criminal Revision Case is directed against the order dated 23.03.2002 passed in Crl.R.P. No. 8 of 2001 by the IV Additional District and Sessions Judge, Tirupathi, whereby the learned Sessions Judge set aside the order dated 16.12.2000 passed in C.F. No. 3201 of 2000 by the III Additional Judicial Magistrate of First Class, Tirupathi, directing the Magistrate to restore the complaint lodged by the respondent herein and proceed with the matter in accordance with the provisions of the Code of Criminal Procedure (for short 'Cr.P.C.').

(2.) Brief facts that led to filing of the present revision case are as follows.

(3.) The first respondent/complainant approached the III Additional Munsif Magistrate by filing a private complaint against the petitioners/accused for the alleged offences punishable under Sections 427, 447 and 448 IPC. The learned Magistrate instead of taking cognizance of the said offences against the accused, referred the matter to the police for investigation as provided for under Section 156(3) Code of Criminal procedure Pursuant thereto, the police of Alipiri Police Station registered a case in Crime No. 198 of 1999 against the accused, for the offences punishable under Sections 427, 447 and 448 IPC. The police investigated into the matter, and ultimately, submitted a report stating that it is a mistake of fact and law. In the light of the report given by the police, the Court below issued notice to the complainant. The complainant filed a protest petition and the same was numbered as C.F. No. 3201 of 2000. The learned Magistrate after recording the sworn statement of the complainant and two more witnesses on his behalf, came to the conclusion that it is not a fit case for taking cognizance, and accordingly dismissed the complaint on 16.12.2000 as provided for under Section 203 Code of Criminal Procedure.