N.JYOTSNA Vs. STATE

JUDGEMENT

(1.) The petitioners are A-2 and A-3, by names N.Jyotsna and Dr.Krishna Kamal, wife and son of A-1 - Dr.Chinthala Kishan. The 2nd respondent is the de facto complainant by name Sri Boga Anil Kumar, impleaded by virtue of orders of this Court, dated 02.01.2019.

(2.) Notice even sent to the 2nd respondent, there is a refusal to take. Hence, returned as per the Postal endorsement, dated 04.02.2019, filed in USR.No.6949 of 2019 is a sufficient service.

(3.) The petitioners are impugning the cognizance order of the learned Magistrate during trial invoking Section 319 of Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') against them though they were not originally the accused either from the FIR or from the police final report taken cognizance by the learned Magistrate, the then, under Sections 190 read with 173 Cr.P.C. It is during trial from the evidence of P.W.1, L.W.1-de facto complainant supra, they were impleaded by impugned order, dated 14.08.2018, in Crl.M.P.No.252 of 2017 in C.C.No.287 of 2014, filed by the State representing through Station House Officer, IV Town Police Station, Nizamabad.