Vasamsetti Venkata Rao v. The State Of Ap.,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL REVISION CASE NO.394 of 2015 ORDER :

T h i s Criminal Revision Case is preferred by the petitioner/complainant, challenging the docket order dated 11.12.2014 in C.C.(S.R.) No.8732 of 2012 passed by V Additional Judicial First Class Magistrate, Kakinada, wherein the Court rejected the request of the petitioner on the ground of maintainability of the petition. A perusal of the material placed before the Court would show that the police after investigation filed a final report referring the case as 'false' and a notice was also served on the petitioner. Instead of filing of protest petition or a private complaint, the petitioner filed an application under Section 173 Cr.P.C. seeking a direction to the police for filing a final report under Section 173 Cr.P.C. The said application is not at all maintainable.

The learned Magistrate rightly held that an application for such a prayer cannot be entertained. Hence, the Criminal Revision Case is dismissed. However, it is left open to the petitioner/complainant to file a protest petition or a private complaint or challenge the final report filed by the police, which shall be considered in accordance with law.

As a sequel, miscellaneous petitions pending if any, shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 13.03.2015 pab