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2019 Supreme(AP) 317

CHEEKATI MANAVENDRANATH ROY
John Raju Junjunuri – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
For the Appellant : S. Pranathi.
For the Respondents: Additional Public Prosecutor and S. Shyam Sundar Rao.

JUDGMENT :

Cheekati Manavendranath Roy, J.

1. This revision is directed against the order dated 27.4.2019 passed in Crl. M.P. No. 4410 of 2018 in CC No. 350 of 2016 on the file of the Additional Judicial Magistrate of First Class, Nandigama, Krishna District, whereby the petition filed under Section 245(2) of Cr.P.C. to discharge the petitioner, who is accused No. 3 in the above case, was dismissed.

2. Facts of the case lie in a narrow compass and may be stated as follows:

    (a) The de facto complainant by name V. Venkateswara Sastry initially lodged a report with the police alleging that his Service Register was tampered with by the accused Nos. 1 to 6. The said report was referred by the police on the ground that the dispute is of civil in nature. The Additional Judicial Magistrate of First Class, Nandigama, did not accept the said final report referring the case as of civil in nature and by his order dated 17.6.2016, he has taken cognizance of the case for the offences punishable under Sections 465 and 471 read with Section 120-B of IPC against accused Nos. 1 to 6 and he has registered the said complaint as CC No. 350 of 2016 and issued summons to accused Nos. 1 to 6.

(b) Thereafter, t

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