Banapuram Anand Rao, ... vs D.Bharathamma, Rr.Dt And 4 Otrs, ...
2023 Latest Caselaw 2061 Tel

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              THE HONOURABLE SRI JUSTICE K.SURENDER

                       CRIMINAL PETITION NO.7023 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

petitioners/accused Nos.3 and 4 to quash the proceedings

against them in Crime No.333 of 2017 of Medchal Police Station,

Cyberabad, Ranga Reddy for the offences under Sections 406,

420, 464, 506 and 120(B) of Indian Penal Code (for short 'IPC') on

the basis of private complaint filed by the respondent Nos.1 to 4.

2. Learned counsel appearing for the petitioners would submit

that, the only ground on which the petitioners are 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 the recent judgment of the Hon'ble Supreme Court

(2015) 6 SCC 287

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.333 of 2017 of Medchal Police Station,

Cyberabad, Ranga Reddy 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

(2022) 5 SCC 639

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO.7023 OF 2017 Date:06.09.2023

dsv/ds