R.Raghuram, Secbad And 3 Others v. Prl Secy, Home Dept, Hyd And 2 Others

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.16183 OF 2016 ORDER:

This writ petition is filed under Article 226 of Constitution of India to quash the Crime/F.I.R.No.38 of 2016 on the file of Women Police Station, Visakhapatnam City, Visakhapatnam. During pendency of this petition, petition is filed before this Court under Section 151 of Code of Civil Procedure stating that the respondent No.3 - defacto complainant is ready and willing to withdraw her complaint lodged with the police and requested this Court to quash the proceedings.

Unless a petition is filed before the Magistrate seeking to withdraw the complaint, this Court cannot exercise such power in the writ petition filed under Article 226 of Constitution of India. However, liberty is given to the defacto complainant to file application before appropriate Court for withdrawing the complaint. With the above observation, the petition is disposed of. No costs.

Consequently, miscellaneous petitions pending, if any, shall also stand dismissed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 26.12.2017 Ksp