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1990 Supreme(AP) 294

V.BHASKARA RAO
P. V. Krishna Prasad – Appellant
Versus
K. V. N. Koteswara Rao – Respondent


V. BHASKARA RAO, J.

( 1 ) THIS is a petition filed to quash the proceedings against the petitioner, who is accused No. 1 in C. C. 82/89 on the file of the Munsif Magistrate, Chilakalaripet.

( 2 ) THE facts in brief are : The 1st respondent filed a private complaint against the petitioner and another for different offences before the Munsif Magistrate, Chilakaluripet, on 2-5-1988. After receiving the complaint, the Magistrate referred the same to the Police for investigation under S. 156 (3) Cr. P. C. The police after investigation filed a final report under Sec. 173 stating the complaint to be false on 19-5-1988. Thereupon, the Magistrate issued proceedings closing the case by accepting the report of the police. Copy of the report of the police was served, according to the complainant (Ist respondent), on 15-11-88 and thereafter on 2-1-1989 the Ist respondent filed a protest petition. After hearing the complainant, the Magistrate made an order on 10-3-89 holding that the Court has ample jurisdiction and power to take cognizance of the private complaint in spite of the proceedings issued closing the case and accepting the report filed under Sec. 173 Cr. P. C. Thereafter, the Magist














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