HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2609 OF 2009 Dated : 19.08.2010 Between : Thava Bala Obula Reddy & others … Petitioners-A.1 to A.3 A n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2609 OF 2009 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioners-A.1 to A.3 seeking to quash the proceedings in P.R.C.No.5 of 2009 on the file of the Judicial Magistrate of First Class, Mydukur, Kadapa District. Heard. The grievance of the petitioners is that originally a complaint is registered in crime No.25 of 2009 for an offence punishable under Section 174 Cr.P.C. Subsequently, after completion of investigation Police filed charge sheet in P.R.C.No.16 of 2005 before the Judicial Magistrate of First Class, Proddutur, for the offence punishable under Sections 498A and 306 of Indian Penal Code and the same was committed to the Court of Sessions and was also taken cognizance by the Assistant Sessions Judge, Proddutur, in Sessions Case No.345 of 2005. In the meanwhile, the second respondent filed a private complaint before the learned Judicial Magistrate of First Class, Mydukur, for the offence punishable under Sections 302, 304B, 149, 498A of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, on which, the learned Magistrate has taken cognizance in P.R.C.No.5 of 2009. Learned counsel for the petitioners submitted that during the pendency of a charge sheet filed after due investigation by the Police, another private complaint is filed on the same set of facts in P.R.C.No.5 of 2009. Hence, the same is liable to be quashed. This Court perused the entire material on record and also heard the arguments. On a perusal of the record, it is seen that on the same set of allegations, two cases are pending one in S.C.No.345 of 2005, which is filed after due investigation by the Police, and another in P.R.C.No.5 of 2009, which is filed by invoking the provisions of Section 200 Cr.P.C. Hence, this Court is of the view that both the cases have to be heard in view of the provisions of Section 210 of the Code of Criminal Procedure. Therefore, P.R.C.No.5 of 2009 be committed to the Court of Sessions at the earliest possible, upon which, the learned District and Sessions Judge is directed to post the same along with Sessions Case No.345 of 2005, upon which, both cases shall be disposed of simultaneously. With above observations, the Criminal Petition is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 19.08.2010 sur