V DHANALAKSHMI Vs. C L DIKSHITULU

JUDGEMENT

(1.) In this petition the criminal proceedings in C.C. No. 399 of 1981 on the file of the X Metropolitan Magistrate, Secunderabad are sought to be quashed. The petitioners herein are the accused 1 and 2 in the abovementioned C.C. which was taken on file under S. 211 read with Sections 120-B. 109 and 34, I.P.C.

(2.) The brief facts leading to this petition are stated thus : The police filed a charge-sheet against the first respondent herein in the X Metropolitan Magistrates Court, Secunderabad which was taken on file as C.C. No. 95 of 1979 under sections 408 and 468, I.P.C. The case was tried and ultimately the learned magistrate acquitted the accused therein, who is the first respondent herein. Then the first respondent became aggrieved with the criminal proceedings initiated against him and filed a complaint before the same learned Magistrate. His sworn statement was recorded and it was taken S. 211 read with Sections 12-B, 109 and 34, I.P.C. against the petitioners who are the accused therein and the summons were issued for the apprehension of the accused.

(3.) Sri B. V. Sesha Reddy, the learned counsel for the petitioners, contends that the learned magistrate has no jurisdiction to initiate proceedings without following the procedure prescribed under S. 340, Cr.P.C. He also contends that it is the Magistrate that has to file a complaint but not a private party under section 195, Cr.P.C. for an offence punishable under S. 211, I.P.C. and that too after following the procedure prescribed under S. 340. Cr.P.C. He, therefore, contends that the criminal proceedings in C.C. No. 399 of 1981 should be quashed.