HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7872 of 2007 DATE:19.07.2010 Between: Chava Sudha Rani …… Petitioner. And: Dr. G. Vimala and 2 others …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7872 of 2007 ORDER: 1. The petitioner/A-1 who is accused of offences punishable under Sections 211, 120-B, 406, 420, 506 IPC filed this petition under Section 482 Cr.P.C for quashing proceedings in C.C.No.1439 of 2005 on the file of “XXI Metropolitan Magistrate (presently re-designated as XXI Additional Chief Metropolitan Magistrate), Hyderabad”. The petitioner filed certified copy of private complaint filed by the respondents 1 and 2 along with this petition. In the first page of the said complaint, C.C.No. is noted as 1439 of 2005, and name of the court is given as XXI Metropolitan Magistrate, City Criminal Court, Nampally at Hyderabad. As on today, there is no XXI Metropolitan Magistrate court in City Criminal Court, Nampally at Hyderabad; and equally there is no XXI Additional Chief Metropolitan Magistrate court at Hyderabad. The respondents’ counsel stated that there is no such case pending in any of the said courts. Certified copy of the complaint in C.C.No.1439 of 2005 in the court of XXI Metropolitan Magistrate, City Criminal Court, Nampally at Hyderabad was given by the IX Metropolitan Magistrate, Cybarabad at Kukatpally, Ranga Reddy District. When it is pointed out to the petitioner’s counsel, he stated that he is not aware of the court in which the criminal case is pending and that as per instructions given by the party, he mentioned names of the courts. The petitioner did not take any steps to rectify the above pointed defect. On that ground alone this petition is liable to be dismissed in limini. 2. Main allegation against the petitioner/A-1 in the private complaint is one relating to offence punishable under Section 211 IPC. There is no dispute that the petitioner was the defacto-complainant in C.C.No.123 of 2002 of the then XXI Metropolitan Magistrate, Hyderabad filed by the Inspector of Police, White Collar Offence Team-II, Central Crime Station, Hyderabad against 6 persons including the complainants 1 and 2/respondents 1 and 2 herein for offence under Section 420 IPC. Charges were framed by that court in that case against A-4 and A-5 who are the respondent 1 and 2/complainants herein for the offence under Section 420 IPC. They pleaded not guilty of the charge. During trial, neither the petitioner/defacto-complainant therein nor her witnesses were examined. Only the investigating officer was examined as P.W.1 in that case and First Information Report given by the petitioner who is defacto-complainant therein was marked as Ex.P-1. Finally by judgment dated 27.08.2004, the XXI Metropolitan Magistrate, Hyderabad found the respondents 1 and 2 not guilty of the offence under Section 420 IPC and acquitted them. Now the respondents contend that they were falsely charged for the offence under Section 420 IPC in C.C.No.123 of 2002; and they filed the present complaint against A-1 alleging offence punishable under Section 2(11) IPC. Under Section 211 IPC, false charge of offence made with intend to injure, is punishable. It is contended by the petitioner’s counsel that there is no finding in C.C.No.123 of 2002 to the effect that the charge was false. No attempt was made by the petitioner to prove the offence under Section 420 IPC for which she gave report to the police. Ultimately, the Magistrate who tried that case found the respondents/complainants not guilty of the offence. It prima facie shows that it was a false charge levelled by A-1 against the respondents herein. Therefore, irrespective of other offences alleged against A-1 and other accused in the present case, proceedings against the petitioner/A-1 in C.C.No.1439 of 2005 in whichever court it is now pending, are not liable to be quashed in this criminal petition. 3. In the result, the criminal petition is dismissed. _________________________________ SAMUDRALA GOVINDARAJULU,J. Date:19.07.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7872 of 2007 Date:19.07.2010 Gk.