LAWS(APH)-2001-11-178

MIKKILINENI VENKATESHWARI Vs. TUMMULA NIRMALA

Decided On November 29, 2001
MIKKILINENI VENKATESHWARI Appellant
V/S
TUMMULA NIRMALA Respondents

JUDGEMENT

(1.) The revision petitioners assail the order dated 20-11-2000 passed by the learned Sessions Judge, Krishna Division at Machilipatnam, in Crl.R.P.No. 7 of 2000.

(2.) The revision petitioners were sought to be prosecuted initially by lodging a report against them by the first respondent herein for the alleged offences punishable under Sections 120-B, 467, 471 and 471 (2) of the Indian Penal Code. The Investigating Officer of Gudivada Taluq Police Station, who had registered the case as Crime No. 71 of 1999, eventually submitted his final report recommending for dropping of the proceedings on the premise that the matter was of a civil nature. On being served with notice, the first respondent-complainant having been aggrieved by the same, filed a complaint in the nature of protest petition in C.F.No. 6464 of 1999 before the Additional Judicial Magistrate of First Class, Gudivada. The learned Magistrate after recording the sworn statement of complainant postponed the issue of process and conducted an enquiry under Section 202 of the Code of Criminal Procedure ("the Code" for brevity). After conducting an enquiry thus, he too came to the conclusion that the dispute between the complainant and the accused was purely of civil nature and, therefore, he dismissed the complaint by his order dated 04-01-2000.

(3.) Having been aggrieved by the said order, the complainant carried the matter in revision to the Sessions Court in Crl.R.P. No. 7 of 2000. Under the impugned order, the learned Sessions Judge allowed the revision petition and remitted the matter back to the Court of the Additional Judicial Magistrate of First Class, Gudivada, for taking congnizance of the offence and to proceed with the case as per law. The present revision petitioners, who are not parties thereto, are now assailing the impugned order, as aforesaid.