← Library
High Court for State of TelanganaCRLRC/2478/2015disposed of no costs

Komma Koteswarao, v. Palanedi Phani Kumar,

2015-10-28Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2478 OF 2015 ORDER:

The petitioners filed the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved over the order dated 21.08.2015 passed in CF No.802 of 2015 by the IV Additional Chief Metropolitan Magistrate-cum-Additional Mahila Magistrate, Vijayawada. Heard and perused the material available on record. The de facto complainant filed a private complaint against the petitioners and A1 for the offences punishable under Sections 364(A), 341, 342, 392, 323, 220, 218 and 465 r/w. 120(B) IPC. The Court below, after recording the sworn statement of the de facto complainant and also the statements of the witnesses examined on behalf of the de facto complainant, took cognizance against the petitioners and numbered the case as CC No.791 of 2015.

Against the same, the present revision is filed. Learned counsel for the petitioners submitted that the Court below has not stated the reasons for taking cognizance against the petitioners and hence, the order passed by the Court below, taking cognizance against the petitioners, is not sustainable.

A perusal of the record discloses that the Court below has recorded the reasons for taking cognizance of the case against the petitioners. As per the decisions of the Apex Court, at the time of taking conizance of an offence, it is not necessary for the Magistrate to record the reasons elaborately. Mere contents of the complaint and the satisfaction of the Magistrate to proceed in accordance with law are enough for taking cognizance of the offence. Hence, this Court is of the view that there is nothing to interfere with the order passed by the Court below. Accordingly, the Criminal Revision Case is dismissed. Consequently, miscellaneous petitions filed in this revision, if any, shall stand closed.

______________ RAJA ELANGO, J Date:28.10.2015 KTL