M.Laxman v. Shaik Khaja Pasha

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.16774 OF 2016 ORDER:

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973, requesting to quash the proceedings in C.C. No.138 of 2016 on the file of the XXIII Special Magistrate, Erra Manzil, Hyderabad.

Heard Sri Bussa Rajendra, learned counsel for the petitioner. The only submission of the learned counsel for the petitioner is that in the prayer column of the complaint, the complainant has not specifically mentioned the amount and, thus, the complaint is not maintainable and ought to have been returned by the concerned.

A perusal of the complaint copy filed in the material papers would show that the relevant details, including the amount have been mentioned in the body of the complaint from paragraph Nos.4 to 7. Therefore, the mere ground that the amount is not mentioned in the prayer column of the complaint would not give rise to quash the proceedings in the Calendar Case. Therefore, the Criminal Petition is dismissed. As a sequel thereto, Miscellaneous Petitions, if any, pending in the petition, stand closed.

_____________________ A. SHANKAR NARAYANA, J January 17, 2017.

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