VENKATA RAMANA REDDY Vs. STATE OF AP

JUDGEMENT

(1.) The Petitioners. 1 and 2/A.3 and A.5 are accused of offences punishable under Sections 418, 426, 448 and 506 I.P.C. in C.C. No. 526 of 2008 on the file of 4th Additional Chief Metropolitan Magistrate, Hyderabad.

(2.) Originally the 2nd Respondent filed a private complaint before the Magistrate alleging the said offences against seven persons; and the Magistrate referred the complaint to the police for investigation under Section 156(3) Code of Criminal Procedure Nallakunta police registered the referred complaint as case in Crime No. 227 of 2007 and investigated into and after investigation, the police filed Final Report under Section 173 Code of Criminal Procedure before the Magistrate referring the case as civil in nature. The Police served notice to the 2nd Respondent simultaneously along with filing of Final Report in the lower Court. Thereupon, the 2nd Respondent filed protest petition in the lower Court and it was registered as Crl.M.P. No. 301 of 2008. After making enquiry into the protest petition the lower Court took cognizance of the case for the appropriate offences against the accused including the Petitioners 1 and 2.

(3.) Two points are put forward by the Petitioners' counsel namely that the procedure adopted by the lower Court in taking cognizance of the offences on protest petition filed by the 2nd Respondent which protest petition does not contain any allegations constituting the offences for which the case was taken cognizance, is not correct; and even if allegations in the original private complaint are taken into consideration, they do not constitute any offences alleged against the accused.