HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION Nos.4290 and 4291 of 2007 DATE:30-12-2010 CRIMINAL PETITION No.4290 OF 2007 BETWEEN Ramesh Chand Agarwal and another …Petitioners AND The State of A.P., through Public Prosecutor and another …Respondents CRIMINAL PETITION No.4291 OF 2007 BETWEEN Ramesh Chand Agarwal and another …Petitioners AND The State of A.P., through Public Prosecutor and another …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION Nos.4290 & 4291 OF 2007 COMMON ORDER: The only ground on which the petitioners seeks to quash the proceedings pending before II Metropolitan Magistrate, Rangareddy District, Hyderabad for the offences punishable under Sections 406, 420 and 506 IPC is that earlier a case in F.I.R.No.937 of 2005 on the file of Saroornagar Police Station was registered in which final report was filed on 26.02.2006 by the police stating that the offence is of civil nature. Therefore, taking cognizance of the case by the Magistrate on the 2nd complaint, is abuse of process and the same is liable to be quashed. When it is brought to the notice of the learned counsel for the petitioners that a second complaint is not barred and in stead of filing a protest petition the same can be filed in the form of a fresh complaint, which can be treated as a protest petition, as held by the Hon’ble Supreme Court in Mahesh Chandra v. B.Janardhan Reddy[1], learned counsel for the petitioners seeks permission to withdraw the criminal petitions stating that if any observation is passed on merits it may influence the Magistrate to decide the cases. Permission is accorded. The Criminal Petitions are, accordingly, dismissed as withdrawn. ______________________ A. GOPAL REDDY, J December 30, 2010 LMV [1] 2003 (1) SCC 734