1. The petitioners 1 and 2/A.3 and A.5 are accused of offences punishable under Sections 418, 426, 448 and 506 I.P.C. in C.C.No.526 of 2008 on the file of 4th Additional Chief Metropolitan Magistrate, Hyderabad.

2. Originally the 2nd respondent filed a private complaint before the Magistrate alleging the said offences against seven persons; and the Magistrate referred the complaint to the police for investigation under section 156 (3) Cr.P.C. Nallakunta police registered the referred complaint as case in Crime No.227 of 2007 and investigated into and after investigation, the police filed Final Report under Section 173 Cr.P.C. before the Magistrate referring the case as civil in nature. The Police served notice to the 2nd respondent simultaneously along with filing of Final Report in the lower Court. Thereupon, the 2nd respondent filed protest petition in the lower Court and it was registered as Crl.M.P.No.301 of 2008. After making enquiry into the protest petition the lower Court took cognizance of the case for the appropriate offences against the accused including the petitioners 1 and 2.

3. Two points are put forward by the petitioners’ counsel namely that the procedu