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2015 Supreme(AP) 252

U.DURGA PRASAD RAO
Lakshmi Agencies, Vijayawada Rep. by its Partner B. Sudhakar – Appellant
Versus
State of Andhra Pradesh Rep. by its Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioners:P. Prabhakar Rao, Advocate.
For the Respondents:R1, Public Prosecutor, R2, N. Naveen Kumar, Advocate.

Judgment :-

1. In this petition filed under Section 482 Cr.P.C., the petitioners/A.1 and A.2 seek to quash the order dated 17.10.2014 in Crl.M.P.No.1725 of 2014 in C.C.No.84 of 2013 passed by learned III Special Magistrate, Hyderabad, whereunder the learned Judge declined to return the complaint to the complainant to present the case before an appropriate Court having territorial jurisdiction in Vijayawada City.

2. The factual matrix of the case is thus:

a) The complainant originally filed C.C.No.110 of 2005 on 18.05.2005 under Sec.138 of N.I.Act against accused before Judicial Magistrate of First Class, Gurgaon. The case was transferred from Gurgaon to the Court at Hyderabad and renumbered as C.C.No.135/2008 before XIV Additional Chief Metropolitan Magistrate, Hyderabad. The petitioners/A.1 and A.2 appeared before XIV Additional Chief Metropolitan Magistrate on 21.02.2008. Then A.3 appeared on 13.03.2008. When the case was pending for the appearance of A.4 to A.7, it was transferred to XIII Special Magistrate Court, Hyderabad. A.3 to A.5 died on 08.08.2013. A.2, A.6 and A.7 were present. At this stage, the case was transferred from XIII Special Magistrate Court, Hyderabad to III Spe























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