HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1032 OF 2009 Dated : 23.07.2010 Between : Garapati Rama Mohan Rao … Petitioner-accused A n d 1) Racharla Ribaca 2) The State of A.P. … Respondents - Complainants HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1032 OF 2009 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-accused seeking to quash the further proceedings in P.R.C.No.9 of 2009 on the file of the II Additional Judicial First Class Magistrate, Kovvur, West Godavari District, for the offence punishable under sections 448, 354, 506(ii) of Indian Penal Code and Section 3 (1) (x) of SCs & STs (POA) Act, 1989. Heard. Learned counsel for the petitioner, after arguing for some time, submitted that he is not insisting for the main prayer and confined his arguments only to the extent of directing the Magistrate to accept the sureties and to commit the case to the Court of Sessions. It is seen from the material available on record that as against the complaint given by the de facto complainant, Police conducted due investigation and referred the case as ‘mistake of fact’ and a notice was also issued to the de facto complainant. On that, the de facto complainant filed a protest petition, on the basis of which, learned Magistrate issued summons to the petitioner for his appearance and admittedly petitioner is also appearing before the said Court. Now, it is the grievance of the petitioner that the learned Magistrate is insisting the petitioner to obtain bail from Sessions Court. As such, learned counsel for the petitioner prayed this Court to direct the Magistrate to accept the sureties and commit the case to the Court of Sessions for further proceedings. Since the case is referred as ‘false’ by the investigation agency, the question of arrest of the petitioner by Police does not arise. Hence, the petitioner is directed to appear before the said Court on the next date of hearing and on such appearance, the learned Magistrate shall accept the sureties and commit the case to the Court of Sessions in accordance with law. With above observation, the Criminal Petition is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 23.07.2010 sur