HIGH COURT OF TELANGANA
K.SURENDER, J
Sri Pingali Narayana Reddy – Appellant
Versus
The State of Telangana – Respondent
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C., by the petitioners/accused to quash the proceedings against them in C.C.No.79 of 2017 pending on the file of the Principal Judicial First Class Magistrate, Husnabad, for the offences under Sections 499 and 500 of IPC.
2. Heard learned counsel for the petitioners and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent No.1 – State. Perused the record.
3. The learned Magistrate has taken cognizance vide docket order dated 29.02.2017, which reads as follows:
“Case is taken on file U/Sec.499, 500 IPC against accused A1 to A3. Issue summons to A1 to A3. Call on 03.05.2017.”
4. A complaint has to be filed under Section 190 read with 200 of Cr.P.C before the trial Court by the person aggrieved and investigation cannot be done by the police. Under Section
199 (1) of Cr.P.C., the Court can take cognizance of offence of defamation only on the complaint filed by the aggrieved person.
5. The Court has to follow the procedure of a private complaint and take cognizance after recording the evidence of the complaint.
6. Accordingly, the Criminal Petition is allowed. Miscellaneous applications pending, if any,
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