D BHARATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE sequence of relevant facts : the petitioner lodged a private complaint against the respondents 6 to 8 and others before the X Metropolitan Magistrate, secunderabad. The complaint was forwarded to the Gopalapuram Police Station, secunderabad, on 21. 10. 2001. The complaint was registered as Cr. No. 263 of 2001 under sections 420, 463, 465 read with 34 IPC and investigation taken up. The Gopalapuram p. S forwarded the final report and laid a charge-sheet. The investigation revealed that the six accused (including A. 1 to A. 3, the respondents 6 to 8 herein) committed offences punishable under Sections 139, 468, 471, 406 and 420 read with 34 IPC. On the filing of the charge-sheet the case was numbered as CC No. 773/03 on the file of the x Metropolitan Magistrate, Secunderabad. The case is pending trial on the file of the II additional Metropolitan Magistrate, Criminal courts, Nampally, as CC No. 387/06 (after transfer ordered by the Metropolitan Sessions judge, in Crl. Tr. M. P. No. 59/06, dated 3. 4. 2006 ).

(2.) RESPONDENTS 6 to 8 earlier filed Crl. M. P. No. 2092/03 as A1 to A3; while A4 and A5 filed Crl. M. P. No. 3439/03 and A6 crl. M. P. No. 3440/03 seeking their discharge from prosecution. By a common order dated 9. 12. 2003, the X Metropolitan Magistrate dismissed these applications.

(3.) A4 and A5 then filed Crl. R. P. No. 84/04 before the Court of VI Additional metropolitan Sessions Judge, Secunderabad, aggrieved by the order dated 9. 12. 2003 in crl. M. P. No. 3439/03. This petition was dismissed on 12. 5. 2004. The respondents 6 to 8 (Al to A3) preferred Crl. R. C. No. 9/ 04 (against the order dated 9. 12. 2003 dismissing Crl. M. P. No. 2093/03), before this Court. This was withdrawn and dismissed as such on 23. 3. 2005.