THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.272 OF 2008 DATED 17th MARCH, 2011. BETWEEN : N.Ravichandra Kumar & others .. Petitioners-A.1 to A.10 and 1) N.Adinarayana 2) The State of A.P. ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.272 OF 2008 ORDER: Petitioners approach this Court aggrieved over the cognizance taken by the learned Magistrate in C.C.No.127 of 2007 whereby the petitioners arrayed as accused Nos.1 to 10 for an offence under Section 323 read with 202 of Indian Penal Code. The facts of the case are as follows: A complaint was lodged by the de facto complainant before the Magistrate on 12.07.2005 for an offence alleged to have committed on 19.09.2003 and the same was referred under Section 156 (3) Cr.P.C. for registration of F.I.R. and investigation and the same was registered in crime No.33 of 2006 for an offence under Sections 326, 109, 202 and 193 IPC. After due investigation, the investigation agency referred the matter as ‘false in nature’. Aggrieved over the same, the respondent filed a protest petition, on the basis of which, the present cognizance is taken by the learned Magistrate. Heard the learned counsel for the petitioners. In spite of service of notice, none appears for the first respondent herein. Admittedly, the occurrence as alleged is on 19.09.2003 whereas the complaint is lodged on 12.07.2005 before the Magistrate. Even in the said complaint it is stated that the complainant has taken treatment only on 25.09.2003, which is after a lapse of 6 days. The allegation also is that the petitioners 1 to 9 herein assaulted the complainant with hands and legs and caused injuries. Medical certificate does not disclose any injury sustained by him whereas it discloses that the complainant was advised to take rest for giddiness. The earlier investigation also reveals that the complainant is in the habit of filing false complaints against the officials concerned. Apart from that, the perusal of the sworn statement given by the de facto complainant on the basis of which the learned Magistrate has taken cognisance also reveals the above said facts and also that the complaint is lodged after a lapse of 6 days. There is no proper explanation given by the complainant for the same. The contentions in the sworn statement in the complaint are highly improbable and unbelievable. The witnesses examined by the complainant also reveals that L.W.2 is not an eye witness to the occurrence and L.W.3, who is also the son of the complainant, not stated anything clinchingly connecting the accused with the crime. In view of the same, this Court is of the view that the present complaint amounts to abuse of process and liable to be quashed. Accordingly, the Criminal Petition is allowed and the further proceedings in C.C.No.127 of 2007 on the file of the Judicial First Class Magistrate, Atmakur, Kurnool District, are hereby quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 17.03.2011 sur