MADAMANCHI VEERA RAGHAVAIAH Vs. THALAKOLA CHINNAMMA

JUDGEMENT

(1.) This Criminal Revision Case is filed under Ss. 397 and 401 of Criminal Procedure Code ('Cr.P.C.' in short), by the petitioners, who are the accused/A-1 to A-3 in P.R.C.No.32 of 2017 on the file of the learned Judicial Magistrate of First Class, Special Mobile Court, Guntur, concerned to Crime No.244 of 2012 of Nagarampalem, Guntur Urban Police Station, feeling aggrieved by the docket order dtd. 4/9/2017 ordering summons to the petitioners/A-1 to A-3.

(2.) The petitioners herein are the accused/A-1 to A-3 whereas the 1st respondent herein is the complainant in P.R.C.No.32 of 2017 on the file of the Court of the learned Special Mobile Magistrate, Guntur.

(3.) The 1st respondent/ complainant filed a private complaint on the file of the Court of the learned Special Mobile Magistrate, Guntur under Ss. 190 and 200 of Cr.P.C. against the petitioners/A-1 to A-3 for the offences punishable under Ss. 323, 509 r/w. 34 of Indian Penal Code and Sec. 3(x)(i) of S.Cs. and S.Ts. (Prevention of Atrocities) Act. The learned Magistrate forwarded the complaint to the Deputy Superintendent of Police, West Circle, Guntur District for investigation and report under Sec. 156(3) of Cr.P.C. Thereafter, the complaint was registered as a case in Crime No.244 of 2012 by the Nagarampalem Police Station, Guntur Urban for the offences punishable under Sec. 323,509 read with 34 IPC and Sec. 3(1)(x) of S.Cs.&S.Ts.(Prevention of Atrocities) Act against the petitioners/A-1 to A-3 and investigated into the case and filed final report into the Court referring the case as false. Pursuant to the notice issued, the 1st respondent/ de facto complainant filed objections before the Court below. The Court below, on 4/9/2017 passed the impugned orders ordering summons to the petitioners/A-1 to A-3 observing that the material available on record discloses a prima facie case against the petitioners/ A-1 to A-3 under Ss. 506, 323 of IPC and Sec. 3(x) of S.Cs. &S.Ts. (PoA) Act.