HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.6066 OF 2013
JUDGMENT:
1. This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed seeking to quash the proceedings in Cr.No.150 of 2013, pending on the file of Marredpally Police Station, Secunderabad. The petitioners herein are accused Nos.1 to 8 in the said crime. The offences alleged against them are under Sections 409, 420, 120-B, 467, 468 and 471 of Indian Penal Code and Section 156(3) of Cr.P.C.
2. Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondents. Perused the record.
3. The complaint against the petitioners was registered on the basis of private complaint filed by one social activist namely Anil Kumar Singh.
4. The Secunderabad Cantonment Board aggrieved by the acts of defacto complainant-2nd respondent, filed a private complaint against him for the offences under Sections 500, 504 and 506 of Indian Penal Code which was taken 2 cognizance of and the complaint is pending adjudication before the X Metropolitan Magistrate at Secunderabad.
5. Learned Senior Counsel Sri K.R.Koteswar Rao appearing for the Secunderabad Cantonment Board submits that the Cantonment Board has also filed civil suit against the said Anil Kumar Singh, for damages.
6. The petitioners are engineers of the Secunderabad Cantonment Board. When the same complaint was made before the CBI, the CBI investigated the case against the petitioners and found that the complaint lodged by the said Anil Kumar Singh has no basis and accordingly closed the case.
7. In the said circumstances, when the allegations in the present complaint which is the subject matter of FIR.No.150 of 2013 of Marredpally Police Station, Secunderabad, and the complaint filed before the CBI are on the same set of facts and since the CBI closed the investigation stating that no case is made out, in the said circumstances, the pendency of this crime against the petitioners cannot be continued.
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8. Accordingly, the proceedings in the FIR No. 150 of 2013 of Marredpally Police Station, Secunderabad, are hereby quashed. The closure report of CBI shall form part of the record.
9. Accordingly, this Criminal Petition is allowed.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 07.09.2022 tk 4 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6066 OF 2013 Dated: 07.09.2022 tk