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2019 Supreme(Telangana) 77

B.SIVA SANKARA RAO
Movva Ramakrishna – Appellant
Versus
Kommareddy Rambabu – Respondent


Advocates Appeared:
For the Petitioner:T.M. Santhi Kumar, Advocate.
For the Respondent:Public Prosecutor (TS), Balaji Medamalli, Advocate.

JUDGMENT :

1. The petitioner is the de facto complainant and respondent Nos.1 to 5 are the accused in C.C.No.397 of 2015 on the file of the IV Additional Junior Civil Judge-cum-XXV Metropolitan Magistrate, Kukatpally. Impugning the order, dated 05.09.2017, passed in Crl.M.P.No.1246 of 2017 in the pending calendar case supra, by the learned Metropolitan Magistrate dismissing the application filed under Section 340 Cr.P.C. to initiate, as per the private complaint procedure, proceedings against the accused for the offence under Section 195 IPC, the present petition is filed.

2. Heard both sides and perused the grounds vis-à-vis the impugned order.

3. The factual matrix relevant only for the purpose of the criminal petition is that among the six accused in the calendar case supra, taken cognizance for the offences punishable under Sections, 420, 423 and 425 IPC, after the accused were summoned, A.2 to A.6 filed Crl.P.no.2147 of 2016 in this High Court seeking to quash C.C.No.397 of 2015 proceedings and the same was disposed of on 22.02.2016 by dispensing with the presence of the petitioners/A.2 to A.6 unless specifically directed by the trial Court for their appearance and it is conseque












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