G.Krishna Reddy, v. P.Nayaz Khan,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7275 of 2017 ORDER :

Heard learned counsel for the petitioner/ accused in Crime No.2 of 2016 of C.I.D.Police Station, Tirupati and learned Public Prosecutor representing the State, before ordering notice to the 1st respondent.

It is pursuant to the report of the de facto complainant/ 1st respondent dated 20.05.2016 addressed to the 1. Regional Director, Reserve Bank of India, 2.Additional Director General of Police, Crime Investigation Department, Hyderabad and 3. Additional Superintendent of Police, C.I.R. Regional Office, Tirupati, A.P. concerned, from no action taken by the police, the 1st respondent/ de facto complainant filed W.P.No.27450 of 2016 and the same was allowed on 18.08.2016 referring to the Constitution Bench expression of the Apex Court in Lalita Kumari v. Government of Uttar Pradesh (2014(2) SCC 1) of once it makes out the cognizance offence, it is the duty of the police to register crime, the present crime in question is registered and pending for investigation.

However, the fact remains that prior to registration of Crime No.2 of 2016 dated 11.11.2016, Crime No.42 of 2016 was registered by Punganur police on 23.02.2016 at 6.30 p.m. based on the report of one Patan Ayub Khan S/ o P.Khadar Khan, who is no other than brother of the de facto complainant, P.Nayaz Khan of Crime No.2 of 2016 of C.I.D. Police and also cited as LW.5 of said Crime No.42 of 2016 of Punganur police station registered for the offences punishable under Sections 420, 384 and 506 I.P.C. among 10 witnesses and the final report filed only against A1 and A2 among A1 to A6, from which the learned Magistrate taken cognizance on 13.01.2017 for the offences punishable under Sections 420, 384 and 506 I.P.C. supra by ordering summons to A1 and A2, by names, Melupatla Krishna Reddy @ Gundluru Krishna Reddy and Palani @ Vellore Palani, among whom the petitioner herein claims as said Gundluru Krishna Reddy, S/ o Rami Reddy with same address and door number at Melupatla of Punganur town.

The contentions in seeking to quash the present Crime No.2 of 2016 of C.I.D. police are that apart from no offence made out for any of the penal provisions, leave about rightly the array of A3 to A6 including the offence under Section 341 I.P.C. the earlier Crime No.42 of 2016 by Punganur

police, who investigated in relation to self same facts, where the Magistrate taken cognizance in C.C.No.522 of 2016 supra for the offences punishable under Sections 420, 384 and 506 I.P.C., the present crime again for the self same offence to investigate is unsustainable and is liable to be quashed.

It is the submission of learned Public Prosecutor that there are additional facts which are not covered by the earlier investigation even from perusal of the two F.I.Rs in juxta position.

Having regard to the above and to sub-serve the ends of justice and goes with most of the facts admittedly even, leave about some additional facts now to investigate, if any, earlier Crime No.42 of 2016 of Punganur police registered and investigated and final report filed that was taken cognizance for the offences supra by the learned Magistrate, Punganur, where the petitioner as A1 was summoned as can be seen from cognizance order to face the trial pending at pre-charge hearing/ enquiry, this crime pending with C.I.D. can be considered also pursuant to the writ petition order of this Court in registering the crime, within the scope of Section 154 r/ w Section 173(8) Cr.P.C. with authorization to

file the charge sheet only as a supplemental or additional charge sheet to the earlier charge sheet filed in C.C.No.522 of 2016, with a direction to the C.I.D. police either to investigate or to made available to the Punganur police as the case may be materially and in the course of investigation, take into consideration the material covered by earlier investigation of Crime No.42 of 2016 vide C.C.No.522 of 2016 and investigate only on additional and further facts and file supplemental or additional charge sheet before the learned Magistrate to take cognizance. With the above observations, the Criminal Petition is disposed of, directing the police not to arrest the petitioner again in this crime.

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

_________________________ Dr. B. SIVA SANKARA RAO, J Date:24-08-2017 pab

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7275 of 2017 DATE: 24.08.2017 pab