THE HON'BLE SRI JUSTICE K.G.SHANKAR CRIMINAL PETITION NO.4088 OF 2009 O R D E R: The second respondent is the de facto complainant. It is her case that the petitioner who is the first accused married the second respondent inducing and making promises. She contended that the first accused committed the offence under Sections 504, 323 and 506 IPC. The First Information Report was registered against the petitioner herein in Crime No.453 of 2008 on the file of the Uppal Police Station. Sri V.Ravi Kumar, representing the petitioner contended that in view of the bar under Section 155 (2) Cr.P.C., police cannot proceed against the petitioner. Admittedly all the offences in respect of which the First Information Report was registered are non-cognizable offences. Section 155 (2) Cr.P.C. prescribes investigation into a non-cognizable offence without the permission of the Court. On the strength of Section 155 (2) Cr.P.C., the learned counsel for the petitioner contended that the First Information Report is liable to quashed. 2. Sri K.Gopala Krishna, learned counsel for the second respondent pointed out that the very petition become infructuous as charge sheet was already filed and registered as C.C.No.116 of 2011. The learned counsel for the petitioner contended that the very filing of the charge sheet without the permission of the Court is illegal and is tantamount to non est and that the petitioner has no alternative but to seek for quashment of the First Information Report. 3. As soon as the charge sheet is laid, the First Information Report loses its significance in a petition under Section 482 Cr.P.C. The petitioner can seek for quashment of the charge sheet and not the First Information Report. It would appear that by the time the petition was laid, the charge sheet was not laid. The charge sheet reads as C.C.No.116 of 2011. It would appear to have been filed in the year 2011. Be that as it may, once the charge sheet was laid, this petition to quash the First Information Report becomes infructuous. 4. That apart, there is no prohibition for registration of First Information Report in a non-cognizable case under Section 155 Cr.P.C. Under Section 155 (1) Cr.P.C., when an allegation is made with reference to a non-cognizable case, the same shall be registered and the same should be informed to the concerned Magistrate for permission to proceed with the investigation. In the present case, the charge sheet was already filed. Perhaps, permission was granted by the Court to investigate the case. Perhaps, charge sheet was filed without such permission to investigate. In either event, it is the charge sheet which can be sought to be quashed and not the First Information Report at this point of time. 5. If the petitioner considers that the case is made out for quashing of the charge sheet, he certainly would be at liberty to do so. So far as this petition is concerned, where the First Information Report was already registered as charge sheet, this petition has become infructuous. 6. Accordingly, the Criminal Petition is dismissed as infructuous. __________________ K.G.SHANKAR, J NOVEMBER 02, 2011 Note: L.R. copy to be marked. (B/o) YVL IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.G.SHANKAR CRIMINAL PETITION NO.4088 OF 2009 Between: D.Raja Mouli …PETITIONER AND The State of A.P. and another ...RESPONDENTS The Court made the following : * THE HONOURABLE SRI JUSTICE K.G.SHANKAR + CRIMINAL PETITION NO.4088 OF 2009 % Dated 02.11.2011 # D.Raja Mouli S/o Venkataiah, aged 36 years, Occ:Business, R/o Flat No.306, Ratna Complex, Beside Image Hospital, Ameerpet, Hyderabad. ... PETITIONER V. $ 1. The State of A.P. Rep.by its Public Prosecutor, High Court of A.P., Hyderabad. 2. B.Jayasree D/o B.Brahma Chary, aged about 26 years, Occ:Employee, R/o Plot No.28, Ramchand Singh Colony, Peerzadiguda Village, H.No.19-87, P&T Colony, Kodandaram Nagar, Dilsukhnagar, Hyderabad. ...RESPONDENTS ! Counsel for the Petitioner : ^ Counsel for the Respondents : < Gist : > Head Note: ? Cases Referred: C/15 THE HON'BLE SRI JUSTICE K.G.SHANKAR CRIMINAL PETITION NO.4088 OF 2009 02.11.2011 YVL