S B KRISHNAVENI Vs. E AHOBALA RAO

JUDGEMENT

(1.) The petitioner (hereinafter referred to as 'the complainant') filed a criminal case in C.C.No.34/91 before the learned II Metropolitan Magistrate, Visakhapatnam under Sec.420 I.P.C against respondents 1 and 2 (hereinafter referred to as 'accused 1 and 2' respectively). Later A-1 having put in appearance filed Crl.M.P.No.618/91 to discharge him. Having heard the said matter the said petition was allowed as per order dated 18-4-1991. Aggrieved by the same the complainant filed Criminal Revision Petition No.23/91 on me file of the Metropolitan Session Judge, Visakhapatnam. The Learned Metropolitan Session Judge, as per order dated 8-7-1992 dismissed the said Criminal Petition holding that the matter is one of civil nature and the order dated 18-4-1991 in Crl.M.P.No.618/91 is unassailable. Aggrieved by the same, the complainant has filed Criminal Petition No.1783/92.

(2.) Petitionerr (hereinafter referred to as 'the complainant') filed C.C. No.35/91 against respondents 1 and 2 herein (hereinafter referred to as 'accused 1 and 2 respectively) under Sec.420 I.P.C Having put in appearance A-l filed Criminal Misc. Petition No.616/91 to discharge him. Having heard the matter the learned Magistrate allowed the Criminal Miscellaneous Petition No.616/91 under date 18-4-1991 having discharged the accused. Aggrieved by the same the complainant filed Criminal Revision Petition No.24/91 on the file of the learned Metropolitan Sessions Judge, Visakhapatnam and as per the order dated 8-7-1992 the said Criminal Revision Petition was dismissed confirming the orders in Crl.M.P.No.616/91. Aggrieved by the same, the complainant filed Crl.P.No.1784/92.

(3.) Since the point that arises for consideration in both the criminal petition is one and the same, at the request of the parties, both the petitions are heard together and are being disposed of by a common order.