HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2277 of 2007 ORAL ORDER : The petitioners 1 to 3/A-1 to A-3 are accused of offence punishable under Section 324/34 I.P.C. in C.C.No.764 of 2006 on the file of II Additional Judicial Magistrate of the First Class, Bhimavaram. The incident is stated to have taken place on 12.10.2001 at 1-00 p.m. at Rayakuduru village. The accused party gave report against the complainant/2nd respondent on the same incident to the police. The complainant also gave another report to the police against A-1 and others and it was registered as case in Crime No.55 of 2001 by the Veeravasam police for offence punishable under Section 324/34 I.P.C. After investigation of both the crimes, the police charge sheeted the complainant and another on the report given by A-1 herein. Whereas the police after investigation referred Crime No.55 of 2001 as false. The criminal case C.C.No.305 of 2002 filed against the complainant/2nd respondent and another ended in conviction by the judgment dated 3.10.2006 of the II Additional Judicial Magistrate of the First Class, Bhimavaram. The 2nd respondent filed complaint in the lower Court on the same incident dated 12.10.2001 on 20.10.2004. After disposal of C.C.No.305 of 2002, the lower Court took the complaint of the 2nd respondent on file for offence punishable under Section 324/34 I.P.C. 2. At this stage, it may be noted that even though Crime No.55 of 2001 was referred by the police as false vide final report dated 20.11.2001, till the year 2004 the 2nd respondent did not take any steps to question the same before the Magistrate. Therefore, the 2nd respondent is barred from filing fresh complaint in the lower Court in the year 2004 on the basis of same cause of action. 3. Further, it is contended by the petitioners counsel that the present complaint, which was taken on file for offence punishable under Section 324/34 I.P.C. is barred by limitation. Thus, viewed from any angle, the present complaint is not maintainable and is nothing but abuse of process of Court. 4. Hence the petition is allowed quashing proceedings in C.C.No.764 of 2006 on the file of II Additional Judicial Magistrate of the First Class, Bhimavaram. _________________________________________ JUSTICE SAMUDRALA GOVINDARAJULU 09.06.2010. Msr HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2277 of 2007 09.06.2010 (Msr)