BOMMIDALA BHANUMRUTHY Vs. PABOLU RAMA SUBRAHMANYAM

JUDGEMENT

(1.) This Criminal Petition is filed seeking to quash the proceedings in C.C. No. 184 of 2011 on the file of the Additional Judicial Magistrate of First Class, Amalapuram, East Godavari District. The petitioners herein are A-1 and A-2, and the first respondent herein is the defacto complainant, in the above case.

(2.) The first respondent lodged a private complaint before the court below against the petitioners for the offences under Sections 409 and 420 IPC alleging as follows.

(3.) The complaint was referred for investigation to police, who registered a case in crime No 26 of 2008 of Ambajipet police station, East Godavari District, and filed final report referring the case as civil in nature. Thereafter, the complainant filed a protest petition reiterating the same contents in the complaint. There are no other allegations leveled in the protest petition. The learned Magistrate recorded sworn statements of the complainant as P.W. 1 and two witnesses as P.Ws. 2 and 3, and basing on the same, had taken cognizance of the case as C.C. No. 184 of 2011 on the file of the Additional judicial Magistrate of First Class, Amalapuram. East Godavari District, for the offences punishable under Section 409 and 420 IPC. Challenging the same, the present Criminal Petition.