BASINA VEERA VENKATA Vs. STATE OF A.P.

JUDGEMENT

(1.) This petition is filed by the petitioner/complainant under Ss. 397 and 401 of Cr.P.C., seeking to direct the 4th respondent/Commissioner of Police to register the crime and investigate as per provisions of the Criminal Procedure Code, 1973 ("Cr.P.C.") and adhering the guidelines passed by the Constitution Bench of Hon'ble Apex Court.

(2.) The petitioner/complainant filed a complaint under Sec. 190 r/w. Sec. 156(3) of Cr.P.C. against the respondents 2 and 3 herein before the I Additional Chief Metropolitan Magistrate, Vijayawada (for short, "learned Magistrate") to direct the 4th respondent/3rdrespondent to register a crime for the offences under Sec. 468, 464 r/w. Sec. 471 IPC, wherein the learned Magistrate has rejected the complaint vide impugned order dtd. 11/5/2023 in C.F. No.1782 of 2023. Aggrieved by the said order, the petitioner/complainant preferred the present revision.

(3.) The brief facts of the case are that the 2nd respondent/Sub-Inspector of Police has filed a charge sheet in C.C.No.737 of 2016 pending before the learned IV Additional Chief Metropolitan Magistrate, Vijayawada ("the trial Court") where the petitioner herein arrayed as an accused and this Court stayed the same. The trial Court furnished all the documents to the petitioner/accused, where it was found that the Seizure Report/Mahazar of the personal computer had a discrepancy. The Charge Sheet narrated the address, i.e. from the accused house at Water Tank Street, Machavaram, Vijayawada, but. In contrast, the Seizure Report states that the Computer was seized from House No.68, K.G.O. Colony, 5th Road, Patamata, Vijayawada.