HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.2533 of 2005 DT.22.07.2010 Kasireddy Krishna …Petitioner V. Nowdu Durga rao and others … Respondents The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.2533 of 2005 ORDER:- This petition under Section 482 of the Code of Criminal Procedure, 1973 is filed by the petitioner to quash the order, dated 31.08.2004, passed by IV Additional District & Sessions Judge, (fast Track Court), Tanuku in Criminal Revision Petition No.44 of 2002, wherein he confirmed the order passed by II Additional Judicial Magistrate of First Class, Tanuku passed in S.No.497 of 2001, dated 03.06.2002. A case and a counter case arose on the report lodged by the petitioner in Crime No.50 of 1998, in which a final report was filed and thereafter they filed the private complaint before II Additional Judicial Magistrate of First Class and the same was dismissed by the Magistrate. On dismissal, the petitioner unsuccessfully challenged the same in revision before IV Additional District & Sessions Judge, (Fast Track Court), Tanuku. Questioning the same, the present criminal petition is filed. Learned counsel for the petitioner contends that as the petitioner/complainant, P.Ws.1 to 5 and 9 are accused in S.C.No.99 of 2000 on the file of Assistant Sessions Judge, Tanuku, dismissing the complaint is not warranted and the same should be tried along with S.C.No.99 of 2000 as a counter case. Admittedly, the S.C.No.99 of 2000 on the file of Assistant Sessions Judge, Tanuku was disposed of on 14.10.2003, acquitting the accused therein i.e., the complainant, P.Ws.1 to 5 and 9. In view of the same and as P.Ws.1 to 5 and 9, who are accused in S.C.No.99 of 2000 and who are interested witnesses in the present complaint, lodged the above complaint as a counter case, to be tried along with the said S.C., the findings recorded by the trial court in dismissing the complaint as confirmed by the revisional court, do not suffer from any manifest illegality. Further, Respondent Nos.4, 7, 9, 11, 15 and 16 herein have not yet been served. For the aforementioned reasons, the Criminal Petition is dismissed. _______________ A. GOPAL REDDY, J 22nd July 2010 lmv