P BHANUMATI Vs. PREMALATHA

JUDGEMENT

(1.) This petition is filed under section 482, Criminal Procedure Code, with, a request that the proceedings in C.C. No. 107 of 1978 on the file of the IV. Metropolitan Magistrate, Hyderabad, should be quashed.

(2.) The petitioners are A-l and A-2 in C.C. No. 107 of 1978, on the file of the IV. Metropolitan Magistrate, Hyderabad, A-3 is their son and he is now residing in the United States of America working in a hospital there. The complainant (1st respondent herein) filed a private complaint on 17th February, 1978. Her sworn statement was recorded. On the basis of her sworn statement and the allegations made in the complaint, the learned Magistrate took cognizance of the offence punishable under section 417, Indian Penal Code, and registered a case as C.C. No. 107 of 1978.

(3.) The learned Magistrate issued process. As against the order of the learned Magistrate taking cognizance of the case for an offence punishable under section 417, Indian Penal Code, A-l and A-2 filed Cr.M.P. No.592 of 1978, in this Court for quashing the proceedings on the ground of limitation and also on the ground that no offence is made out even if the allegations made in the sworn statement and the complainant are accepted.