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THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO.7118 OF 2017
ORDER:
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed by the petitioner/accused to quash the proceedings against him in Crime No.256 of 2017 of Shamirpet Police Station, Cyberabad for the offences under Sections 406, 420, 506 of Indian Penal Code (for short 'IPC') on the basis of private complaint filed by the respondent No.2.
2. Learned counsel appearing for the petitioner would submit that, the only ground on which the petitioner is agitating before this Court is that, the directions of the Honble Supreme Court in Priyanka Srivastava and Another vs. State of Uttar Pradesh & others 1 was not followed. As seen from the complaint, no affidavit was filed in accordance with the directions of the Hon'ble Supreme Court. Further, learned counsel would submit that in 1 (2015) 6 SCC 287 2 the recent judgment of the Hon'ble Supreme Court in Babu Venkatesh and Others vs. State of Karnataka and Another 2 had quashed the proceedings for the reason of non-compliance of directions of the Hon'ble Supreme Court in Priyanka Srivastava's case (1 supra). The non filing of the affidavit is not disputed by the counsel for the complainant. Accordingly, Crime No.256 of 2017 of Shamirpet Police Station, Cyberabad is hereby quashed.
3. Recording the said submission, the Criminal Petition is allowed. However, the complainant can work out the remedies by following due procedure of law.
Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 06.09.2023 dsv/ds 2 (2022) 5 SCC 639 3 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.7118 OF 2017 Date:06.09.2023 dsv/ds