DOMMETI MADHURI Vs. DOMMETI PARAMESWARA RAO

JUDGEMENT

(1.) This petition is directed against the order dated 31-12-2004, passed in C.C.(SR) No. 1377 of 2004 on the file of the Court of the I Additional Judicial Magistrate of First Class, Amalapuram, closing the complaint filed by the petitioner herein without issuing notice to her.

(2.) The grievance of the petitioner is that she filed a private complaint against the respondents 1 to 3 herein for the alleged offence punishable under Section 498-A IPC and Sections 3,4 and 6 of the Dowry Prohibition Act below the Court below. The learned Magistrate referred the same to the police under Section 156(3) of the Code of Criminal Procedure, 1973, and the police registered the same as a cash in Crime No. 41 of 2004 and investigated into. Subsequently, after completion of Investigation, the police filed a final report before the Court below stating that it is a mistake of fact. A copy of the final report was also served on the petitioner. Based on the said final report, the Court below, without issuing any notice to be petitioner, closed the complaint. Hence, this criminal petition.

(3.) Learned Counsel for the petitioner submits that a duty is cast upon the Court to serve a notice on the information under Section 173 of Cr.P.C, before closing the case, but in the instant case, the learned Magistrate without giving any notice, closed the complaint, basing on the final report furnished by the police.