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1987 Supreme(AP) 527

G.RADHA KRISHNA RAO
Dhulipalla Veeraiah Choudary – Appellant
Versus
Kurra Veeraiah – Respondent


G. RADHAKRISHNA RAO, J.

( 1 ) THE Munsif Magistrate, Ponnur allowed Crl. M. P. No. 234/87 and issued summons to the accused for the production of the Fiat Car bearing No. ATG 666 before the court on or before 7-9-1987. The accused contended that the court has no power to issue the search warrant for production of the car. The Munsif Magistrate rejected the contention of the accused and allowed the petition. Against that, the present petition has been filed under S. 482, Cr. P. C. to quash the proceedings.

( 2 ) THE facts leading to the filing of the petition before the Magistrate are as follows : A private complaint has been filed under S. 200, Cr. P. C. against the accused (petitioner herein) for offences punishable under sections 420 and 406, IPC on 16-4-1987. The complaint was forwarded to the Superintendent of Police, Guntur, for investigation and report. The S. I. of Police, Ponnur registered the case in Crime No. 131/87 under sections 420 and 406 IPC on 13-8-1987 at 10-30 a. m. The FIR reached the Magistrate on 13-8-1987 at 5-45 p. m. After the receipt of the FIR, the same was informed to the complainant and the private complaint was closed. As summons have already been issued













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