High Court for State of TelanganaCRLRC/1373/2015disposed of no costs

P.Yesupadam v. T.Aswini

2015-10-09Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1373 OF 2015 ORDER:

The present criminal revision case is filed by the petitioner challenging the docket order, dated 27.04.2015, passed in C.F.No.1953 of 2015 by the IV Additional Judicial First Class Magistrate, Chittoor, whereby the learned Judge returned the complaint filed under Section 200 Code of Criminal Procedure (CrPC) by the petitioners herein on the ground that the crime was already registered for the same incident. Heard and perused the records.

Learned counsel for the petitioners submits that the earlier crime was registered on the basis of the complaint given by the accused, whereas the petitioners have filed the private complaint before the Court concerned, and as such, he prays this Court to direct the Magistrate concerned to forward the same for registration of crime and for investigation and to take action against the accused. This Court is of the view that the Court below has rightly returned the complaint filed by the petitioners herein for the same incident, for which a case was already registered.

Considering the facts and circumstances, the criminal revision case is disposed of with the following observations. The respondent/police is directed to complete the investigation in crime No.20 of 2015 on the file of the I Town Police Station, Chittoor, within a period of three months. While investigating the matter, the respondent/police is directed to take into consideration the grievance of the petitioners as well as the material placed by the petitioners and file a final report before the Court concerned. If the petitioners are aggrieved over the final report, they are at liberty to file protest petition or to file a private complaint under Section 200 CrPC for further investigation in the matter. With the above directions, the Criminal Revision Case is disposed

of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 09.10.2015 pln