THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.2445 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-Accused Nos.1 and 2 to quash the Order dated 27.02.2023 in C.C.SR. No.576 of 2023 passed by the learned III Additional Chief Metropolitan Magistrate, Nampally in C.C.Sr.No.576 of 2023 filed under Section 156(3) of Code of Criminal Procedure.
2. Heard learned counsel for the petitioners - Accused Nos. 1 and 2 and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.
3. The respondent No.2 filed a complaint before the police which was referred as civil in nature. Thereafter, a private complaint was filed before the Magistrate, who referred the complaint to the police for the purpose of investigation.
4. Learned Senior counsel appearing for the petitioner would submit that respondent No.2 failed to approach the 2 DCP, aggrieved by the order of the police referring the case as civil in nature instead he has filed complaint again, which is referred to police for the purpose of investigation. It is further submitted that there is violation of the guidelines prescribed in Priyanka Srivastava case, which has been subsequently followed in other judgments.
5. The police have closed the complaint with the endorsement that "Fact of the petition seems to be civil in nature, hence, petition is closed". When the police have already found that the complaint of the respondent No.2 is civil in nature, the learned Magistrate however found appropriate to direct Banjara Hills Police Station to investigate the case.
6. In the said circumstances, since the learned Magistrate has directed the police to investigate the case, this Court deems it appropriate to direct the concerned Investigating Officer to conclude investigation in C.C.SR. No.576 of 2023 pending on the file of Station House Officer, Banjara Hils Police Station, without taking any coercive steps against the petitioners-Accused Nos.1 and 2. The petitioners shall co- 3 operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation. Needless to say, the petitioners-Accused Nos. 1 and 2 shall co-operate with the Investigating Officer as and when required for the purpose of investigation.
6. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 13.03.2023 TMK 4 5 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.2445 OF 2023 Date: 13.03.2023