THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 860 of 2021

ORDER:

This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner/accused No.2 seeking to quash the proceedings in F.I.R.No.716 of 2020 of Pet Basheerabad Police Station, Cyberabad, registered for the offences punishable under Sections 120b, 384, 406, 420 and 506 read with 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’).

2. When this matter came up for consideration on 25.08.2025, there was no representation on behalf of respondent No.2. To render substantial justice to the parties, the matter was posted to 01.09.2025 under the caption ‘for orders’. Today also there is no representation on behalf of respondent No.2 either physically or virtually.

3. Heard Mr. N. Krishna Sumanth, learned counsel for the petitioner, and Mr. M. Vivekananda Reddy, learned counsel appearing for respondent No.1 State.

4. Learned counsel for the petitioner submitted that respondent No.2 approached the I Additional Judicial First Class Magistrate, Sanga Reddy, and filed a private complaint vide C.F.R.No.1533 of 2019 and the learned Magistrate, after verifying the complaint and the documents enclosed along with the complaint and after hearing the counsel for respondent No.2, dismissed the complaint on 01.07.2019 by passing a detailed order with cogent reasons. Aggrieved by the said order, respondent No.2 filed Crl.R.P.No.19 of 2019 before the Principal District and Sessions Judge, Sanga Reddy. The learned Sessions Judge dismissed the said criminal revision petition on 24.06.2022 for non-prosecution and the said order has become final. He further submitted that during pendency of the criminal revision petition, respondent No.2 filed a private complaint before the XXII Metropolitan Magistrate, Cyberabad at Medchal, on 30.09.2020 with the very same allegations suppressing the fact of the lodging earlier complaint and its dismissal on 01.07.2019 and the pendency of the criminal revision petition before the learned Sessions Judge. However, the learned XXII Metropolitan Magistrate, Cyberabad at Medchal, referred the complaint to the police. Basing on the same, the present Crime No.716 of 2020 was registered by the Pet Basheerpet Police Station against the petitioner and others. The initiation of the proceedings suppressing the several material facts constitutes a clear abuse of the process of law and the same is liable to be quashed.

5. Learned Assistant Public Prosecutor submitted that the grounds which are raised by learned counsel for the petitioner have to be adjudicated during the course of trial. Basing on the said grounds, the petitioner is not entitled to seek quashing of the proceedings and the criminal petition is liable to be dismissed.

6. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that respondent No.2 initially approached the I Additional Judicial First Class Magistrate, Sanga Reddy, and filed a private complaint under Sections 190 and 200 of the Cr.P.C. against the petitioner and another accused. The learned Magistrate dismissed the said complaint on 01.07.2019 and passed a reasoned order. Aggrieved by the said order, respondent No.2 filed Crl.R.P.No.19 of 2019 before the Principal District and Sessions Judge, Sanga Reddy. During the pendency of the criminal revision case, respondent No.2 filed another complaint against the petitioner and others on 30.09.2020 before the XXII Metropolitan Magistrate, Cyberabad at Medchal, and the learned Magistrate referred the said complaint to the Pet Basheerabad Police Station. Pursuant to the same, the Pet Basheerpet Police registered Crime No.716 of 2020 on 20.10.2020 against the petitioner for the offences under Sections 120b, 384, 406, 420 and 506 read with 34 of the IPC.

7. On a perusal of the present complaint and the earlier order passed by the I Additional Judicial First Clas