THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4753 OF 2009 Dated 20-10-2011 Between: Gunti Madhu and another. ..Petitioners. And: The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another. … Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4753 OF 2009 ORDER: This Criminal Petition is filed seeking to quash the proceedings in Crime No.209 of 2009 on the file of P.S. Karimnagar II Town, registered for the offence under Sections 417, 290 and 506 read with 34 I.P.C. The facts of the case in brief are as follows: One Konduri Dasharatham-2nd respondent-defacto complainant lodged a complaint to the police alleging that the marriage of his daughter-K.Vani was settled with one Srinivas s/o Yellaiah and the engagement was fixed on 22-4-2009 and all arrangements for engagement were made. Meanwhile, one Madhu Babu, son of Kistaiah, resident of Subhash Nagar, Karimnagar made a phone call to the brother-in-law of the bridegroom and commented about the character of the bride. On 23-4-2009, a Panchayat was held at 11 A.M., at Mala Sankshema Sangam and the said Madhu Babu agreed that he made that phone call which is wrong information. The said Madhu babu, son of Kistaiah, Gunti Mahesh son of Kistaiah and Gunti Kistaiah s/o Gopaiah and three others have beat them and threatened to kill them on the ground that the matter was brought by them to the notice of the community elders. The police made G.D. entry and subsequently, registered a petty case under Section 504 I.P.C. Subsequently, another complaint was lodged on 2.6.2009 making almost the same allegations basing on which the police registered a case in Crime No.209 of 2009 for the offence under Sections 417, 290 and 506 read with 34 I.P.C. Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the material available on record. The main contention of the learned counsel for the petitioners is that police cannot be register two cases on one and the same complaint though lodged on different dates and when the earlier complaint is pending with police. A reading of the complaint dated 23-4-2009 and the complaint dated 2.6.2009 makes it clear that the contents of both the complaints are almost one and the same. In view of the same, the petition is allowed and accordingly, Crime No.209 of 2009 is quashed. However, it is made clear that this order does not prevent the police from investigating the earlier crime registered for the offence under Section 504 I.P.C. and file the charge sheet for the offences going to be made out during the course of their investigation. ____________________ B. CHANDRA KUMAR, J. Date: 20-10-2011 Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4753 OF 2009 Dated 20-10-2011