THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.6135 of 2008 ORDER: 1 On the basis of a complaint given by Chintha Jangaiah i.e. second respondent herein, the Station House Officer, Malkajgiri P.S. registered a case in Crime No.425 of 2005 on 05.12.2005 against P.Y.Kondalarao and N.S. Sanjeevarao S/o Syam Sundararao was registered for the alleged offences punishable under sections 420 and 504 of IPC and under sections 3 (1) (X) of SC, ST (Prevention of Atrocities) Act. 2 However, under the guise that the petitioner herein i.e. Gaddepalli Raja Rao is the said N.S. Sanjeevarao, the first accused P.Y. Kondalarao and the petitioner herein by name Gaddepalli Raja Rao were arrested and thereafter they were released on bail. The petitioner herein i.e. Gaddepalli Raja Rao approached this court and filed the present application stating that he has nothing to do with the alleged crime and he is not N.S. Sanjeevarao and this court was pleased to grant interim stay. 3 During the pendency of the case, the first accused died. A detailed counter affidavit is filed on behalf of the complainant i.e. Chintha Jangaiah stating that N.S. Sanjeevarao is different and the person Gaddepalli Raja Rao i.e. petitioner herein is different. But the police have implicated the petitioner as though he is N.S. Sanjeevarao. In the charge sheet filed by the police it is shown as N.S. Sanjeevarao @ G. Raja Rao Son of Syam Sundar Rao. 4 No doubt in the charge sheet the second accused is shown as N.S. Sanjeevarao @ G. Raja Rao Son of Syam Sundar Rao. But the said fact is denied by the complainant Chintha Jangaiah in the counter affidavit filed in this petition. At para No.5 it is stated as follows: “I submit that the allegations mentioned in para–3 of the Criminal Petition that it is true that the Investigating Officer instead of arresting Sri N.S.Sanjeeva Rao, but falsely implicated the petitioner herein in the above case showing his name as @ N.S.Sanjeeva Rao. It is true that the address of Sri N.S. Sanjeeva Rao was clearly stated that he is resident of Guntur and whereas the petitioner herein is the resident of Hyderabad. Hence, the petitioner is no way concerned with the above crime.” 5 Parties are present. When questioned, the complainants Chintha Jangaiah stated that the person who is present in the court is one G. Raja Rao and he is not N.S.Sanjeeva Rao. When the complainant himself states that the person who is present herein and the person against whom he filed the complaint are different, in my considered view, the said proceedings against the petitioner by the police under the guise that he is N.S.Sanjeeva Rao @ G. Raja Rao are not maintainable. 6 Accordingly, this petition is allowed and the proceedings in P.R.C.No.65 of 2007 on the file of the Xth Metropolitan Magistrate, Cyberabad pending against the petitioner are hereby quashed. However, it is made clear that the police are at liberty to proceed against the said N.S.Sanjeevarao S/o Syam Sundar Rao. -------------- 02.07.2010 Kvsn