RAMU Vs. STATE

JUDGEMENT

(1.) The petitioners, who are the accused in CC No.351 of 2000 on the file of the II Additional Judicial First Class Magistrate, Nellore, seek quashing of the proceedings invoking the inherent powers of this Court vested under Section 482 Cr.PC.

(2.) The background of the case leading to filing of the complaint can briefly be stated as follows: The second respondent herein is the de facto complainant, who has given a repot to the Nellore Law and Order Police, which lead to registered as Crime No.45 of 1990. Thereafter, the police filed charge-sheet against two persons, namely, Bode Murali Krishna Reddy and Pottu Murali, @ Batchu Murali. The trial Court took cognizance of the offences under Sections 457, 452, 342 and 427 IPC. However, the Court below acquitted them by order dated 21-8-1996, following the guide lines provided by the Supreme Court. There after the second respondent-de facto complainant filed another complaint in respect of the same incident. It is necessary to extract the averments made by the de facto complainant-second respondent in his complaint filed under Section 200 read with 190 Cr.PC. which reads as under:

(3.) Thereafter the said private complaint, registered as Crime No. 165 of 1995 and later the II Additional Judicial first Class Magistrate, Nellore took cognizance for the offences under Sections 457 452, 427 and 342 IPC in CC No.351 of 2000 and recorded statements of the second respondent.