Addagarla Ramarao, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2649 OF 2014 ORDER:

This Criminal Revision Case is filed by the petitioner - victim under Sections 397 and 401 Cr.P.C., challenging the memo issued by the Sub-Divisional Police Officer, Jangareddigudem in C.No.355/SDPO-J/Refer/Deleted/2013, dated 30.06.2013. Heard and perused the material available on record. The memo of the SDPO was filed before the Court and the same was neither accepted nor rejected by the learned Magistrate. Further more, there is no provision for filing any such memo before the Court concerned, after completion of investigation. It is the duty of the investigating officer to file final report either accepting or rejecting the allegations in the complaint. The petitioner has approached this Court in a premature stage.

When the matter is taken up for hearing, learned counsel for the petitioner submitted that now the charge sheet has been filed deleting the names of the respondents - accused No.17, 23, 24, 28, 30 and 31 and the trial Court has also taken cognizance for the offences under Sections 427, 452, 323, 435, 324 and 354 IPC read with 34 IPC against the accused except the respondents herein. After perusing the record and after hearing both sides, this Court is of the view that in case the petitioner is aggrieved over taking cognizance against some of the accused, it is always left open to him to file a protest petition for inclusion of the accused, whose names were deleted by the investigating agency.

Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions, pending if any, shall stand closed. ______________ RAJA ELANGO, J

June 23, 2015.

KTL