K MYTHILI RANI Vs. STATE

JUDGEMENT

(1.) The Defacto-complainant in Crime No.239/87 of Central Crime Station, Hyderabad has filed this application under Section 482 Cr.P.C. to quash the order of the 17th Metropolitan Magistrate dated 18-7-1991 made in Crl.M.P.No.822/1991 as illegal and void.

(2.) The facts giving rise to the filing of this application are in brief as follows: The petitioner herein gave a report on 21-12-1987 to the Police, and the Inspector of Police, Central Crime Station, Hyderabad registered the same as Crime No.239/87 for offences under Sections 419,420,467,469,471,503,504,506,509, 452 and 354 IPC against the second respondent and three others. After investigation into the same a final report stating that it is a mistake of law was filed on 28-6-1988 before the 17th Metropolitan Magistrate, Hyderabad. The same was registered as R.C.No.121/90 and the Metropolitan Magistrate treated the case as mistake of law. The petitioner who is the defacto-complainant was not aware of the final report as she was not served with any notice. Even the 17th Metropolitan Magistrate before whom final report was filed, had not issued any notice to the petitioner before accepting the report. The petitioner who was working at Madras as Assistant Commissioner of Income Tax was unaware of any such final report having been accepted. When she came to Hyderabad and made enquiries she came to know that a final report treating the case as mistake of law was accepted. The statements of the witnesses would have disclosed the offences committed by the accused. Therefore, the petitioner filed a petition on 8-3-1991 before the Police for directing reinvestigation into the case in the light of the circumstances mentioned in her letter. Later the Deputy Commissioner of C.C.S., Hyderabad informed the petitioner that the case has been reopened for further investigation.

(3.) Anil Kumar B. Vithlani who got himself impleaded as second respondent in this petition filed Criminal Misc. Petition No.822 of 1991 before me 17th Metropolitan Magistrate who had treated the case as mistake of law and obtained orders dated 18-7-1991 restraining the Central Crime Station team from further investigation into Crime No.239/87. The petitioner was not made a party to the said proceedings. Having come to know of the orders passed in Crl.M.P.No.822/91 the petitioner has filed this application to quash the orders passed by the 17th Metropolitan Magistrate in Crl.M.P.No.822/91 staying further investigation. Along with that application she filed Crl.M.P.No.217/92 with a request to direct the Central Crime Station to continue the investigation and file charge sheet in accordance with law. An interim direction was accordingly issued by an order dated 6-2-1992. So in pursuance of that interim order the investigation was completed and a charge-sheet was filed before the Mahila Court in C.C.No.64/92.