LAWS(TLNG)-2019-12-372

KILISHETTI SAI KRISHNA Vs. KATKAM DEEPTHI RANI

Decided On December 02, 2019
Kilishetti Sai Krishna Appellant
V/S
Katkam Deepthi Rani Respondents

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner-A1 under Section 482 Cr.P.C. seeking to quash the proceedings in crime No.294 of 2019 on the file of the SHO, Godavarikhani-I Town Police Station, Peddapalli District, registered for the offences punishable under Sections 420, 376 (2) (n), 354 C, 323 and 506 r/w 34 IPC.

(2.) Heard the learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.

(3.) Learned counsel for the petitioner submits that even if the allegations made in the FIR/complaint are taken at their face value and accepted in their entirety, do not make out prima facie case against the petitioner. The allegations made in the FIR do not constitute a cognizable offence, but constitute only a non-cognizable offence and no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155 (2) Cr.P.C.. He further submits that the 1st respondent/complainant filed the present complaint with false and frivolous allegations and hence, the present F.I.R. in Cr.No.294 of 2019 is liable to be quashed.