THE HON’BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 4886 of 2012 Dated: 07.07.2014 Between:
Vummadi Venkataramana, S/o Venkata Subbaiah and others … Petitioners/Accused And The State of A.P. rep. by the Public Prosecutor and another … Respondents The Court made the following :
THE HON’BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 4886 of 2012 ORDER:
This criminal petition is filed to quash the proceedings in PRC No.6 of 2012 on the file of learned Judicial First Class Magistrate, Railway Kodur.
2. The petitioners herein are A1 to A15 in the private complaint filed by the 2nd respondent herein for the offences under Sections 147, 148, 448, 427, 379, 391 and 397 r/w 120-B and 149 of IPC.
3. Heard both sides.
4. The main objection of the petitioners is that the learned Magistrate has not followed the procedure under Section 202 Cr.P.C. for taking cognizance of the offences alleged and registered the complaint as PRC No.6 of 2012.
5. Learned counsel for the petitioners has drawn my attention to the order of learned Magistrate dated 21.12.2012. As seen from the order, the learned Magistrate has considered the affidavits of three independent witnesses filed along with the complaint and on the basis of affidavits cognizance was taken. But according to Section 202 Cr.P.C., the Magistrate is expected to record the sworn statements of the complainant and all the witnesses before taking cognizance and as per proviso to the said Section, the Magistrate has to direct the complainant to produce all the witnesses and examine them on oath when the offence is triable by Sessions Court. Therefore, apparently, the learned Magistrate has not followed Section 202 Cr.P.C. and as such, the impugned order is liable to be set aside.
5. Accordingly, the Criminal Petition is allowed and the proceedings in crime No.6 of 2012 registered on the basis of the order dated 21.12.2012 is hereby set aside. Learned Magistrate is directed to follow procedure under Section 202 Cr.P.C. and decide the matter afresh.
As a sequel, miscellaneous petitions, if any filed in this criminal petition, shall stand closed.
S. RAVI KUMAR, J 7th July, 2014. ssp