SHAHEEN HUSSAIN KHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision is preferred against orders dated 21-11-2012 in Crime No.66/2009 on the file of XVI Additional Chief Metropolitan Magistrate, Hyderabad questioning taking of cognizance for the offences under Sections 406, 474, 420 & 477 read with 34 IPC.

(2.) Brief facts leading to filing of this revision are as follows:- Second respondent herein (herein after referred to as complainant) filed a private complaint before XVI Additional Chief Metropolitan Magistrate, Hyderabad on 18-03-2009 and the same was referred to S.H.O., Habeeb Nagar under Section 156 (3) Cr.P.C on the basis of which, police registered Crime No.66/2009 for offences under Sections 406, 474, 420, 477, 506 read with 120-B IPC on 21-0-3-2009, and after investigation, Inspector of Police, Habeeb Nagar filed charge sheet against three accused persons reserving right to file charge sheet against remaining accused i.e., A4 to A10, after verification of the documents and other materials to file charge sheet against them separately. That charge sheet was returned by the learned Magistrate with some objections but inspector of police without submitting the returned charge sheet after complying the objection, filed final report on 20-07-2011 referring the case as that of civil nature, after issuing necessary notice to the complainant. On that complainant, filed protest petition in Crl.M.P.No.2897/2011 and raised objection on the final report dated 20-07-2011. On receipt of said protest petition, trial Court directed police to file the charge sheet that was returned on 26-08-2009 with objections and that police only filed xerox copies of the charge sheet stating that original is not traced. Thereafter, learned Magistrate conducted enquiry and recorded sworn statements of complainant and his witnesses and on a consideration of the same, took cognizance against revision petitioners herein and another for offences under Sections 406, 474, 420 and 477 read with 34 IPC. Aggrieved by the said order, present revision is preferred.

(3.) Heard both sides.