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2015 Supreme(AP) 546

B.SIVA SANKARA RAO
Indu Dalmia – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
For the Petitioners:N. Naveen Kumar, Advocate.
For the Respondents:R1, Public Prosecutor, R2, K. Vinaya Kumar, Advocate.

Judgment :

1. This is a Criminal Petition filed under Section 482 Cr.P.C. by the petitioners/A1 to A3 seeking to quash the proceedings initiated against them in C.C. No.211 of 2015 on the file of learned IV Additional Judicial Magistrate of First Class, Tirupati, Andhra Pradesh.

2. The petitioners are A1 to A3 in C.C.No.211 of 2015. The first respondent is the State and the second respondent is the de facto complainant. Based on the private complaint filed by the second respondent-de facto complainant before the learned Magistrate for the offence punishable under Sections 120B and 420 read with 34 IPC against four accused viz., petitioners herein/A1 to A3 and one V.S.Venkatraman, the learned Magistrate referred the same to police concerned for investigation, to which the Police Station, Alipiri (first respondent, represented by its Public Prosecutor) registered Crime No.325 of 2014 for the said offences supra. The private complaint was filed on 27.10.2014 and the learned magistrate referred for police investigation by order dated 29.10.2014 saying the Court feels that the case requires investigation by police. Thereafter, the crime was registered on 05.11.2014.

3. The factual matrix o












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