THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6886 of 2011 ORDER: Petitioner/complainant approached this Court with a prayer to quash the order dated 04.05.2011 passed by the III-Additional Judicial Magistrate of First Class at Khammam, in Crl.M.P.No.529 of 2010 in Crime No.86 of 2010 of III Town Police Station, Khammam, whereby the petition filed by the complainant under Section 202 read with Section 173 Cr.P.C., seeking a direction to the C.B.C.I.D. to cause a thorough enquiry into the matter or else to permit him to adduce evidence was dismissed. The main grievance of the complainant is that after completion of the investigation on the present complaint given by him, the police filed a final report praying the court to treat the case as “CIVIL IN NATURE” and to issue proceedings accordingly, but the court has not passed any orders on the said report filed by the police. Further, on receipt of the notice thereon, he filed the present protest petition by invoking Section 202 Cr.P.C. for a direction to the C.B.C.I.D. to cause a thorough enquiry into the matter or else to permit him to adduce evidence, but the learned III Additional Judicial Magistrate of First Class, Khammam, has erroneously dismissed the said protest petition, by his order dated 04.05.2011, for the reason that the prayer mentioned in the petition is not maintainable. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 18th respondent-State. After hearing the submissions and perusing the impugned order and other material placed on record, this Court is of the view that if the relief in the present application would have been for a direction for further investigation under section 173 (8) of Cr.P.C., then the learned Magistrate is right in dismissing the application, but the prayer in the present petition is either to direct the C.B.C.I.D., to investigate the matter or to allow the petitioner to adduce evidence. Therefore, the impugned order dismissing the present protest petition is illegal and incorrect, and as such, the same is liable to be set aside. Accordingly, the impugned order is set aside and the learned Magistrate is directed to consider the present protest application afresh. If the Magistrate is not inclined to pass orders for further investigation, then he shall consider the 2nd prayer i.e., “to permit the petitioner to adduce evidence” and pass appropriate orders thereon. Further, while passing orders on the protest petition, the learned Magistrate shall also pass orders regarding the final report filed by the respondent police. With the above direction, this criminal petition is disposed of. ____________________ JUSTICE RAJA ELANGO 11.08.2011 V V