LAWS(APH)-2020-9-35

KAREDLA BHAGYALAKSHMI Vs. STATE OF A.P.

Decided On September 09, 2020
Karedla Bhagyalakshmi Appellant
V/S
STATE OF A.P. Respondents

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioners/Accused Nos.2 and 3 under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners, in FIR No.25 of 2020, dated 6.2.2020 on the file of the Malkapuram Rs.& O Police Station, Visakhapatnam. The alleged offences against the petitioner are under sections 120-B, 403, 406, 420 r/w 34 of Indian Penal Code, 1860 (for short 'IPC').

(2.) Heard the counsel for the petitioners, learned counsel for the 2nd respondent and the Additional Public Prosecutor appearing for the 1st respondent / State.

(3.) Learned counsel for the petitioners submits that after filing the private complaint by the 2nd respondent before the learned III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, the learned Magistrate without following the guidelines prescribed by the Apex Court in Priyanka Srivastava and Another v. State of Uttar Pradesh, Criminal Appeal No.781 of 2012 decided on 19.3.2015 forwarded the complaint under Section 156(3) Cr.P.C., to investigate the matter. He further requested for a direction to the learned Magistrate to follow guidelines issued by the Hon'ble Apex Court in Priyanka Srivastava (Supra).