THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1640 of 2010 JUDGMENT: The petitioner herein filed a private complaint under Section 190(a) Cr.P.C. against the respondents 1 to 7 herein before the X Metropolitan Magistrate, Cyberabad at Malkajgiri, alleging the offences punishable under Sections 299, 302, 406, 420, 441, 464, 468 and 506 read with Section 120(b) and 34 IPC. The Court below referred the matter to Police under Section 156(3) Cr.P.C for the purpose of investigation. Accordingly, the police personnel of Kushaiguda Police Station registered the said complaint as a case in Crime No.134 of 2008 and after thorough investigation filed a final report under Section 173 Cr.P.C. referring the complaint as “false”. The petitioner was served with a notice with regard to the said final report. After service of notice, the petitioner again filed a fresh complaint against respondents 1 to 7 for the offences punishable under Sections 299, 302, 406, 420, 441, 464, 468 and 506 read with Section 120(b) and 34 IPC and the same was numbered as S.R.No.969 of 2010. As the petitioner failed to file a protest petition pursuant to the said receipt of notice and as a second complaint is not maintainable, the Court below dismissed the said complaint by an order, dated 23.06.2010 and the same is questioned in this Revision. Heard. In my considered view, the Court below is justified in dismissing the said complaint. When once the Police filed a report stating that the matter is false and a notice is served on the petitioner, the course left open to the petitioner is to file a protest petition but not a separate complaint again under Section 190 Cr.P.C. The Court below also, in my considered view, is not justified in dismissing the said petition. May be, it is true that it is styled as a complaint filed under Section 190 Cr.P.C., but the same should be treated as a protest petition and proceed further in accordance with law. Any way, the petitioner agreed to convert the same as a protest petition. In that view of the matter, this Criminal Revision Case is disposed of with a direction to X Metropolitan Magistrate, Cyberabad at Malkajgiri, to treat the same as a protest petition filed under Section 200 Cr.P.C. and pass appropriate orders, in accordance with law. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 31st January 2011 DR