THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2299 of 2009 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.302 of 2008 on the file of X Metropolitan Magistrate, Cyberabad at Malkajgiri, registered for the offence punishable under Section 494 r/w 34 IPC. 2. Heard. 3. The main contention advanced by the learned counsel for the petitioners is that for an offence under Section 494 IPC the complaint should be filed before the concerned court by the aggrieved party. 4. Admittedly, in the present case the police filed the charge sheet before the concerned court. The filing of charge sheet will not take the place of a complaint mentioned in Cr.P.C. Even though by way of amendment, offence under Section 494 IPC is made cognizable in Andhra Pradesh, police are vested only the power to arrest and investigate into the case. As far as filing of the complaint is concerned, in view of the bar under Section 198 Cr.P.C. the complaint should be filed by the aggrieved party. Admittedly, in the present case no complaint is filed by the aggrieved party, charge sheet alone is filed by the police. Hence, the present complaint on the file of X Metropolitan Magistrate, Cyberabad is liable to be quashed and the same is accordingly quashed. 7. The Criminal Petition is, accordingly, allowed. ______________ RAJA ELANGO, J December 8, 2011. LMV THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2299 of 2009 December 8, 2011 lmv