Mouni v. State Of A.P.

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6503 OF 2015 ORDER:

This Criminal Petition is filed by the petitioners/A1 to A7 under Section 482 Cr.P.C seeking to quash the order dated 06.06.2014 in C.F.No.2063 of 2012 on the file of Chief Metropolitan Magistrate, Vijayawada. Heard the learned counsel for the petitioners and the learned Public Prosecutor (Andhra Pradesh) for the State before notice to respondent No.2/de facto complainant and before admission.

Perused the material on record. As the material falls short for this Court to interfere with the impugned order but for to say in the police case from the final report taken cognizance by the learned Magistrate as well as the private complaint proceedings both must go together in trial as contemplated under Section 210 of the Code of Criminal Procedure.

Accordingly, this criminal petition is disposed of without prejudice to the right of the accused to file application under Section 227 Cr.P.C. before the learned Magistrate if any grounds to frame charge under Section 228 Cr.P.C. and in the event of passing any order, further remedy is left open to the petitioners. Needless to say, if the petitioners file application under Section 37 of Criminal Rules of Practice, the learned Magistrate

shall hear and permit the same with necessary conditions.

Miscellaneous petitions pending if any, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:11-08-2015 pab

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** CRIMINAL PETITION No.6503 OF 2015 Between:

Mouni and six others ... Petitioners and State of A.P. and another ... Respondents DATE OF JUDGEMENT PRONOUNCED: 11-08-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgment?

Yes/No Yes/No

2.

Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals? Yes/No 3.

Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment? Yes/No