S.Devender Reddy, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE M.S.K. JAISWAL Criminal Petition No.6436 of 2010 ORDER:

This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.564 of 2007 on the file of XI Additional Metropolitan Magistrate, Secunderabad, registered for the offences punishable under Sections 447, 465, 468, 120-B, 420, 506 read with Section 34 IPC against the petitioner/ accused.

Though notice before admission was ordered as long back as on 07-07-2010 to the 2nd respondent, who is de facto complainant, the record shows that there was an endorsement by the Registry dated 22-07-2015 that the notice sent to the 2nd respondent was returned unserved and till date the petitioner is unable to furnish correct address of the 2nd respondent/de facto complainant. Since the 2nd respondent/de facto complainant is a necessary party and as the petitioner is unable to furnish correct address, no effective order can be passed in the absence of such necessary party and hence, the Criminal Petition is liable to be dismissed.

Accordingly, the Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. __________________ M.S.K. JAISWAL, J Date: 05-02-2016 Ksn