Narayanamma vs Chikka Venkateshaiah on 13 August, 2019
7. When the police after investigation filed a referred charge
sheet and the defacto complainant filed a private complaint on the very
same facts, it is left open to the learned Magistrate to treat it as a protest
petition and proceed further to issue process. It is also possible for the
Court below to treat the complaint as a private complaint. However,
before the process is issued under Section 204 of Cr.P.C, it is the duty of
the Magistrate to apply his mind on the closure report as well as the
statements that were recorded by the police. The law on this issue was
discussed by this Court in Narayanamma and Others Vs. Chikka
Venkateshaiah reported in 2019 (2) LW (Crl) 522.