Mohd. Iqbal Ahmed, 7 Others, vs The State Of Ap Rep By Its Pp Hyd.,
2022 Latest Caselaw 4446 Tel

            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

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.

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.6066 OF 2013

Dated: 07.09.2022

tk