HONOURABLE SRI JUSTICE RAJA. ELANGO CRIMINAL PETITION No. 4025 OF 2008 DATED 18TH JUNE, 2010. BETWEEN Bojjam Bikshapathi and ors …..Petitioners/Accused Nos.1 to 3 And State of AP Rep. by Public Prosecutor, High Court of AP., and anr ….Respondent/Complainant HONOURABLE SRI JUSTICE RAJA. ELANGO CRIMINAL PETITION No. 4025 OF 2008 ORDER: This Criminal Petition under Section 482 of the Cr.P.C. is ﬁled to quash the proceedings in C.C.No. 161 of 2002 on the ﬁle of the Judicial First Class Magistrate at Huzuarabad, initiated against the petitioners/accused Nos. 1 to 3. The case of the prosecution is that the deceased in Crime No.32 of 2004 lodged a complaint before the police on 24.3.2002 alleging harassment by the ﬁrst petitioner herein, on which a case was registered under Section 498-A of IPC. Subsequently the complainant and the ﬁrst petitioner lived together, but during that matrimonial period she committed suicide on 28.3.2004. The brother of the deceased person lodged a complaint before the concerned police station and the same was registered as Crime No. 32 of 2004 under Sections 498-A and 306 of the IPC. The said case culminated into ﬁling of the charge sheet and due trial was conducted by the trial Court and later the accused were convicted in SC.No. 910 of 2004 on the ﬁle of the Assistant Sessions Judge, Huzurabad. Now the learned Counsel for the petitioners submitted that the entire contents of the allegations levelled in the earlier complaint were also found in the subsequent complaint registered in Crime No. 32 of 2004, and the trial Court framed the charges based on the entire allegations levelled in the subsequent complaint, which includes the allegations levelled in the earlier complaint. The competent criminal Court framed the charges and conducted trial based on the entire allegations levelled in Crime No. 32 of 2004 which was registered after commission of suicide by the defacto complainant. There is thus absolutely no valid reason to proceed further with the earlier complaint. The learned Public Prosecutor also fairly submitted that in the subsequent complaint registered in Crime No. 32 of 2004 based on which the petitioner was convicted, all the allegations mentioned in the earlier complaint were referred to. On a perusal of the entire record and entire back ground of the case, this Court is of the view that the competent Court convicted the accused for the oﬀences alleged under Sections 498-A and 306 of the IPC based on the subsequent complaint which contains allegations levelled in the earlier complaint. There is no need to proceed further with the earlier complaint in view of the fact that the allegations levelled in the earlier complaint were also referred to in the subsequent complaint, based on which, trial was conducted and the accused were accordingly convicted. Hence, the proceedings in C.C.No. 161 of 2002 on the ﬁle of the Judicial First Class Magistrate, Huzurabad, which were initiated based on the earlier report, are liable to be quashed and the same are accordingly hereby quashed. The Criminal Petition is allowed. -------------------------------------------- JUSTICE RAJA ELANGO DATED 18TH JUNE, 2010. Msnr.