HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.13158 of 2010 and 2789 of 2011 COMMON ORDER: Petitioner-accused in Crl.P.No.13158 of 2010 is 2nd respondent-defacto complainant in Crl.P.No.2789 of 2011 and petitioner-accused in Crl.P.No.2789 of 2011 is 2nd respondent-defacto complainant in Crl.P.No.13158 of 2010. Crl.P.No.13158 of 2010 is filed with a prayer to quash the proceedings in C.C.No.121 of 2010 on the file of the Judicial Magistrate of First Class, Rajam, Srikakulam District, taken on file for the offences punishable under Sections 353, 324, 180, 506(2) IPC. Cr.P.No.2789 of 2011 is filed with a prayer to quash the proceedings in C.C.No.134 of 2008 on the file of the Judicial Magistrate of First Class, Rajam, Srikakulam District, taken on file for the offences 353, 186, 506(2) IPC. Since both the parties are one and the same and the complaints arose out of the same occurrence, both the criminal petitions are disposed of together by this common order. Learned counsel for the petitioner in Crl.P.No.13158 of 2010 has mainly contended that though the Sub Inspector of Police, R.A. Valasa P.S., submitted a final report before the Court referring the case as false, the learned Magistrate took cognisance of the offence and numbered the same as calendar case and when there is no protest petition, the learned Magistrate ought not have taken cognisance of the offence. On the other hand, learned counsel for the petitioner in Crl.P.No.2789 of 2011 has submitted that the disputed question involved in both the criminal petitions is one and the same, C.C.No.134 of 2008 has to be tried along with C.C.No.121 of 2010. This Court is of the view that to file a protest petition before the Court concerned, there is no provision in law. On filing of a report by the police either way, the Magistrate is at liberty either to take cognisance of the offence or to drop further action in the matter accepting the final report. Accordingly, the learned Magistrate has taken cognisance of the offence on the final report filed by the Sub Inspector of Police, R.A. Valasa P.S., and issued summons to the petitioner in Crl.P.No.13158 of 2010. However, having perused the record and considered the fact that both the complaints arose out of the same occurrence as well as the submission of the learned counsel for the petitioner in Crl.P.No.2789 of 2011, the trial Court is hereby directed to conduct trial simultaneously in C.C.Nos.134 of 2008 and 121 of 2010 and to pass appropriate orders on the same day, in accordance with law. With the above direction, both the Criminal Petitions are disposed of. Miscellaneous petitions, if any, filed along with the criminal petitions shall stand closed. __________________ RAJA ELANGO, J 1st April, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.13158 of 2010 & 2789 of 2011 (Disposed of) 1st April, 2011 CBS