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2014 Supreme(AP) 823

T.SUNIL CHOWDARY
E. Laxmi Reddy – Appellant
Versus
State of A. P. rep. by Public Prosecutor High Court of A. P, Hyderabad – Respondent


Advocates:
Advocate Appeared:
For Petitioners: Sri P. Veera Reddy, Senior Counsel, Sri Karri Murali Krishna
For 1st Respondent: Additional Public Prosecutor
For 2nd Respondent: Sri J. Sudheer

Order

1. This petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.616 of 2011 on the file of XIV Additional Chief Metropolitan Magistrate, City Criminal Courts, Namapply, Hyderabad.

2. Sri P. Veera Reddy, the learned senior counsel appearing for the petitioner submitted that institution of criminal proceedings against the petitioner is not maintainable for the following two grounds, viz., 1) Second respondent filed the complaint without following the due procedure as contemplated under Section 197 Cr.P.C; and 2) The allegations made in the complaint do not constitute any offence, much less the alleged offence under Section 500 IPC.

3. Per contra, Sri J. Sudheer, the learned counsel for the second respondent submitted that there is no need to follow the procedure contemplated under Section 197 Cr.P.C. He further submitted that since the allegations made in the complaint satisfy the basic ingredients of Section 499 IPC, the complaint before the Court below is maintainable.

4. The second respondent filed a complaint under Section 200 Cr.P.C. against the petitioner for the offence punishable under Section 500 IPC on the file of the learned XIV Additional Chief Me







































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