S. PADMAJA Vs. STATE OF A. P.

JUDGEMENT

(1.) This Criminal Revision Case is filed under Ss. 397 and 401 of Criminal Procedure Code ('Cr.P.C.' in short), by the petitioner, who is the accused No.2 in C.C.No.421 of 2018 on the file of the learned Additional Judicial First Class Magistrate, Markapur, feeling aggrieved by the order dtd. 10/9/2018 taking cognizance of the case against the revision petitioner for the offence punishable under Sec. 435 read with 109 of the Indian Penal Code (for short, 'IPC').

(2.) The petitioner herein is the accused No.2 whereas the respondent No.2 herein is the de facto complainant in C.C.No.421 of 2018 on the file of the learned Additional Judicial First Class Magistrate, Markapur.

(3.) The 2nd respondent/ de facto complainant presented a report dtd. 24/6/2017 to the Station House officer, Markapur town Police Station and the same was registered as a case in Crime No.108 of 2017 of Markapur Town Police Station, Prakasam District for the offences punishable under Ss. 435 and 109 IPC against A-1 and the petitioner/A2. The respondent police investigated into the case and filed charge sheet on the file of the Court of the learned Additional Judicial First Class Magistrate, Markapur, deleting A-1 and the petitioner/A-2 from the array of the accused as their involvement in this case is not proved and added one Podatarapu Anji as accused. Pursuantly, the learned Magistrate issued notice to the de facto complainant /2nd respondent herein calling for objections for deletion of the names of the accused/A-1 and A-2 and in response thereof the de facto complainant/respondent No.2 filed memo dtd. 4/7/2018 seeking time to file objections. Therefore, the learned Magistrate vide orders dtd. 10/9/2018 took cognizance of the case against the accused A-1 and A-2 also and registered the case as C.C. and ordered for issuance of summons to A1 to A3.