Mattam Veera Bhadraiah, Vs The State of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO

Crl.R.C.No.628 of 2012

ORDER

The present revision is preferred challenging the order of dismissal dated 21.01.2012 passed by the learned Judicial Magistrate of First Class. Mahabubnagar in Crl.M.P.No.1709 of 2011 in Cr.No.101 of 2006.

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2. The brief facts of the case are that the petitioner filed a private complaint against the accused for the offences punishable under Sections 420, 468, 477-A, 120-B read with Section 34 IPC. The Court below referred the same to the police for investigation and report. After completion of investigation, the police filed a final report stating that the case is civil in nature. Hence, the petitioner filed Crl.M.P.No.1709 of 2011 seeking to refer the case to the Crime Branch of A.P. for further investigation. By the order impugned, the Court below dismissed the said petition. Aggrieved by the same, the petitioner filed the present revision.

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3. Heard both sides and perused the material on record.

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4. The complaint made by the petitioner has been referred to the police for investigation and after completion of investigation, the police filed the final report treating the case as ‘civil in nature’. When once the police conducted investigation and filed a final report, the Magistrate has no power to order for further investigation by the separate branch of Police, as rightly held by

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the Court below by the order impugned. The petitioner can file a protest petition against the final report filed by the police. In that view of the matter, this Court is not inclined to interfere with the order impugned.

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5 . The Criminal Revision Case is accordingly dismissed. Miscellaneous petitions filed in this revision, if any, shall stand closed.

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______________________ JUSTICE RAJA ELANGO 5^th November, 2012 sj

Mattam Veera Bhadraiah, v. The State of Andhra Pradesh

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Mattam Veera Bhadraiah, v. The State of Andhra Pradesh

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