IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.512 OF 2008 Between: Pilla Koteswara Rao ……Petitioner – Accused No.1 AND State of A.P., Rep. by the Public Prosecutor, A.P. High Court, Hyderabad & another .....Respondents HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.512 OF 2008 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner Pilla Koteswara Rao, accused No.1, seeking to quash the proceedings against him in C.C. No.51 of 2004 on the file of Additional Judicial Magistrate of First Class, Peddapuram, East Godavari District, arising out of Crime No.30 of 2003 of Peddapuram Police Station, East Godavari District, registered for the offence under Section 494 read with 114 IPC. 2. Heard both sides. 3. The petitioner filed this petition for quashing the C.C. of 2004 in 2008. The main ground is of earlier the police referring the case as false on a complaint given by the complainant Pilla Satyavathi, respondent No.2. 4. Referring the case earlier as false by the police, cannot prevent the complainant from filing a private complaint, as the case would depend on the merits. Furthermore, petitioner filed this petition for quashing after four years of taking cognizance of the case. Hence, the same is liable to be dismissed, as in case there are no merits, the petitioner ought to have filed this petition initially. 5. Therefore, the Criminal Petition is dismissed at the admission stage itself. However, the petitioner can take all the please raised in this petition before the trial Court. ____________________ P. SWAROOP REDDY, J January 18, 2010. PV