Parvathaneni Vijay Kumar vs The State Of Telangana
2023 Latest Caselaw 1181 Tel

     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

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-

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

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.2445 OF 2023

Date: 13.03.2023