Pitti Srinivasulu Reddy vs The State Of A.P.,
2021 Latest Caselaw 1682 AP

          THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CRIMINAL PETITION No.1688 OF 2021

ORDER:-

The petitioner herein sought to file a complaint

under Section 199 r/w 200 Cr.P.C against the persons arrayed

as accused therein for the offences under Sections 188, 447,

434, 426, 424, 323, 506 r/w 34 of IPC before the Additional

Judicial Magistrate of First Class, Kovur.

2. This petition was initially returned on 14.12.2020 to

explain how the complaint under Section 188 of IPC is

maintainable without a sanction under Section 195 of Cr.P.C.

The 2nd objection was that the complaint was not maintainable

by a party in person.

3. There upon, the petitioner deleted the provision of

Section 188 of IPC from the complaint and resubmitted the

complaint on 15.12.2020. On 21.12.2020, the complaint was

again returned with the objection that a sworn affidavit has to

be filed along with the complaint in view of the Judgment of the

Hon'ble Supreme Court in Priyanka Srivastava and another vs

State of Uttar Pradesh and others1. The petitioner re-

presented the complaint again on 23.12.2020, it was returned

again on 31.12.2020, for filing an affidavit in a proper form. The

petitioner kept re-submitting the complaint stating that he was

complying the objections while Registry was returning the

complaint for further compliance.

(2015) 6 SCC 287

4. After the last return of the complaint on 25.01.2021,

the petitioner has now approached this Court.

5. A perusal of the affidavit said to have been filed in

compliance is clearly not in compliance of the objection raised

by the Registry requiring the petitioner to file a sworn affidavit.

A sworn affidavit would require a verification stating the source

of knowledge for the statements made in the sworn affidavit.

The said verification is not available and as such, there is no

compliance.

6. In view of the above, this criminal petition is

dismissed leaving it open to the petitioner to comply with all the

objections raised by the Registry. However, it is observed that

the Registry cannot return the complaint on the ground that the

complaint is being filed by a party in person.

Miscellaneous petitions, pending if any, in this Criminal

Petition shall stand closed.

___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 22-03-2021 RJS

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CRIMINAL PETITION No.1688 OF 2021

Date : 22-03-2021

RJS