THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.6387 OF 2010 ORDER: 1 The petitioner herein filed a private complaint against the respondent herein for the alleged offence punishable under section 420 of IPC. The learned Magistrate referred the matter to the police for investigation and the same was registered as a case in Cr.No.105 of 2008 by Adoni I Town P.S. and after investigation the police filed a final report with an endorsement ‘mistake of fact’. Thereupon a notice was issued to the petitioner about the said final report. As the petitioner has not chosen to file any protest petition the court below accepted the said final report and passed an order on 06.11.2009. The same is challenged in this petition. 2 According to the petitioner he could not file the protest petition for the reason that he was not aware of the said final report submitted before the court below by the police. According to him the notice that was issued by the court directing him to appear on 21.08.2009 was in fact received by him only on 06.11.2009 and he did not have sufficient time to appear before the court below and the court below dismissed the said application on the very same day on the ground that no protest petition has been filed. 3 May be it is a fact, but, in my considered view, the petitioner instead of approaching this court invoking the jurisdiction of this court under Section 482 of Cr.P.C. ought to have approached the very same court and filed a separate complaint narrating the said fact. 4 Accordingly, this petition is dismissed giving liberty to the petitioner to file a separate private complaint before the court below. -------------- 07.07.2010 Kvsn