DHULIPALLA VENKATESWARLU Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal petition is filed under section 482 of Criminal Procedure Code, 1973 (for short "Cr.P.C.") to quash the proceedings in C.C. No. 284 of 2012 on the file of Judicial First Class Magistrate for Excise, Guntur registered for the offence punishable under Sec. 500 of Indian Penal Code (for short "I.P.C.").

(2.) Respondent No. 2-defacto complainant filed complaint before the Judicial First Class Magistrate for Excise, Guntur for the offence punishable under Sec. 500 of I.P.C. alleging that the petitioner filed O.S.No. 1 of 2012 on the file of Senior Civil Judge's Court, Parchur for recovery of amount on the strength of promissory note executed by the complainant and filed I.A. No. 5 of 2012 under Order 38, Rule 5 of Code of Civil Procedure (for short "C.P.C.") seeking conditional order of attachment.

(3.) The Senior Civil Judge, Parchur by order dated 03.01.2012 ordered conditional attachment directing the complainant to furnish 3rd party security to the suit claim within 48 hours from the time of receipt of the notice, and in the event of failure to furnish security the Field Assistant is directed to attach the property. But in the absence of respondent No. 2, the Field Assistant allegedly attached the property without issuing notice, at the instance of the petitioner and on account of such acts, the petitioner suffered substantial loss to his prestige, esteem, lowered his status and at the time of attachment a beat of tom tom was made in the village announcing that the property of the respondent No. 2-defacto complainant is going to be attached and the petitioner came to know the said fact through his relatives and making such attachment and beat of tom tom in the village even without issuing notice of 48 hours permitting him to furnish security for suit amount as directed by the trial Court amount to defection and on account of such acts of Field Assistant and the petitioner, the complainant sustained huge loss and more particularly loss of his status in the eye of society and requested the Court to punish him.