Devarapalli Pydamma v. The State Of A.P.,

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7638 OF 2017 ORDER:

Heard learned counsel for the petitioner. He is the complainant of the private complaint case, vide Crime No.39/2012 of SHO, Nellimarla of Vizianagaram District, registered for the offences punishable under sections 326, 354 and 506 IPC and section 3(1)(x) of SC/ST POA Amended Act, 2015.

2.

The police after investigation filed the final report for several reasons by referring the case as false. The learned Magistrate accepted the report of the police. It is impugning the same, the defacto complainant maintained revision before the Court of Session and the learned Sessions Judge in Crl.R.P.No.42 of 2016, by order dated 16.02.2017, dismissed the same, holding nothing to interfere with the acceptance of the final report by the learned Magistrate from the material on record. It is impugning the same, present quash petition filed.

3.

In fact, as laid down by the Hon'ble Apex Court Five Judge Bench in Dharam Pal Vs. State of Haryana1, the learned Magistrate got a right to accept the final report or differ with. If at all the defacto complainant is aggrieved by 1 (2014) 3 SCC 306

the police final report, even accepted by Magistrate, remedy is to raise a protest before the learned Magistrate to consider the protest and form an opinion independently with the earlier investigation material.

4.

Having regard to the above, for such a remedy of filing a protest application on the police final report accepted by the Magistrate is available to the petitioner, there is nothing to interfere with the dismissal order.

5.

Accordingly and with the above observation, this criminal petition is dismissed. Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

______________________________ DR.B.SIVA SANKARA RAO, J 13.09.2017 SS