THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.2829/2007 Dt.7-10-2010 1. Pendli Venkata Ramana and others. ..Petitioners V. 1. Miriyala Gopi Kumar and another ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.2829/2007 ORAL ORDER This petition under Section 482 Cr.P.C., is filed, by A-2 to A- 6, to quash the proceedings initiated against them in CC No.473/2006 on the file of V Additional Munsif Magistrate, Guntur for the offence punishable under Sec. 406 IPC. At the outset, it is noted here that along with the petition, no orders taking cognizance of the case or summons have been filed to substantiate that the case was taken on file for the offence punishable under Sec. 406 IPC. However, the Registry has numbered the petition without insisting filing of summons received by the petitioners to appear before the trial court for the alleged offence. The docket proceedings, filed along with the petition, shows that when the office made an endorsement stating that the offences alleged in the complaint are cognizable and are triable by the court competent and complaint is within time, the trial court passed the following order on 10-8-2005. “The complainant called absent. No representation. The matter is referred to the S.H.O. Arundalpet Law & Order Police Station Under Sec. 156(3) Cr.P.C., For filing report, call on 16-9-2005.” The said order did not give rise to quash the proceedings until the charge sheet is filed. Learned counsel for the petitioners, today, produced a photostat copy of the docket order dt. 24-11-2006 passed in CC No.473/2006. The said order reads as under: “Complainant called absent. Perused the record. There is prima facie of he case against the A-1 to A-6. Hence, the case was taken on file under Sec. 406 IPC against A-1 to A-6. Issue summons to accused through court and RP on payment of process. Call on 29-12-2006.” Since the charge sheet has not been made available before this court to know whether allegations levelled in the charge sheet make out any case or not, it is not desirable to quash the proceedings initiated against the petitioner. The Criminal Petition is accordingly dismissed. ______________ A.GOPAL REDDY,J Dt.7-10-2010 kmr