IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION Nos.2657 AND 3059 OF 2008 CRIMINAL PETITION No.2657 OF 2008: BETWEEN: 1. C. Gandhi Narayana S/o. Eadanna 2. K.V.L. Narasimha Rao S/o. Late K. Muralidhar …. Petitioners/Accused Nos.5 and 6 AND 1. Sammidi Ashok Reddy S/o. Panduranga Reddy 2. State of Andhra Pradesh, represented by the Public Prosecutor, High Court of A.P., Hyderabad. …. Respondents CRIMINAL PETITION No.3059 OF 2008: BETWEEN: 1. A. Jagadeeshwar Reddy S/o. Late A. Janardhan Reddy 2. M. Ravinder Reddy S/o. M. Chandra Reddy …. Petitioners/Accused Nos.1 and 2 AND 1. Sammidi Ashok Reddy S/o. Panduranga Reddy 2. State of Andhra Pradesh, represented by the Public Prosecutor, High Court of A.P., Hyderabad. …. Respondents THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION Nos.2657 AND 3059 OF 2008 COMMON ORDER: These Criminal Petition Nos.2657 and 3059 of 2008 under Section 482 Cr.P.C. are filed by the petitioners C. Gandhi Narayana, K.V.L. Narasimha Rao – accused Nos.5 and 6 and A. Jagadeeshwar Reddy, M. Ravinder Reddy – accused Nos.1 and 2 respectively, seeking to quash the proceedings against them in PRC No.15 of 2008 (SR No.1722/2008) on the file of the IX Metropolitan Magistrate, Cyberabad, Kukatpally, arising out of Crime No.226 of 2007 of Balanagar Police Station, Cyberabad for the offences under Sections 342, 331 read with 34 IPC. 2. Heard both sides. 3. A copy of the original sworn statement of the de facto complainant was called for, is received. It shows in all probability, the sworn statement of the de facto complainant was not recorded by the learned Magistrate in the Court. The original contents of the sworn statement show that it was typed to dictation of the Magistrate, whereas certified xerox copy does not show the same. I do not intend to enquire into as to how such thing has happened. At the same time, I am not inclined to take the sworn statement into consideration for proceeding further in the case. 4. In the circumstances, the present proceedings are quashed. However, the learned Magistrate shall start the proceedings afresh i.e. from the stage of recording the sworn statement of the de facto complainant and the statements of other witnesses. 5. Accordingly, the Criminal Petitions are disposed of at the admission stage itself. _____________________ P. SWAROOP REDDY, J November 26, 2009. KTL