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2015 DIGILAW 706 (AP)

Pattipati Vijayalakhsmi v. Kotah Laxmi Tulasi

2015-09-11

B.SIVA SANKARA RAO

body2015
Judgment : 1) The Criminal Petition is filed by Petitioners/ Accused Nos.1 and 3 under Section 482 Cr.P.C seeking to quash the proceedings in C.C. No.185 of 2013 on the file of Judicial Magistrate of First Class, at Madhira, where the learned Magistrate has taken cognizance for the offences punishable under Sections 427, 448, 323, 294 (b) r/w 34 IPC, which is outcome of report of 1st respondent—de facto complainant in Crime No.13 of 2013 of Madhira Town Police Station, Khammam District. 2) Heard the learned counsel for the petitioners/ accused Nos.1 and 3 and also 2nd respondent—State represented by learned public prosecutor, before admission and before issuing notice to the 1st respondent-de facto complainant and perused the material on record. 3) As the facts falls short for this Court to quash the proceedings in C.C. No.185 of 2013 on the file of Judicial Magistrate of First Class at Madhira, Khammam District, the Criminal Petition is disposed of, giving liberty to petitioners to file an application under Section 258 Cr.P.C before the learned Magistrate, if there are no grounds to continue the proceedings to pass orders for stopping the proceedings. Needless to say the petitioner is at liberty to file an application under Rule 37 Cr.R.P to represent one among other accused, learned Magistrate shall hear and permit with necessary orders. 4) As a sequel, miscellaneous petitions pending, if any, in the above criminal petitions shall stand closed.