Animireddy Saraswathi, vs The State Of Andhra Pradesh
2023 Latest Caselaw 4303 AP

              THE HON'BLE SRI JUSTICE K.SURESH REDDY

          CRIMINAL REVISION CASE No. 772 2023

JUDGMENT:

Questioning the order taking cognizance dated 10-03-2023 in

C.C.No. 318 of 2023 on the file of the Court of learned Judicial

Magistrate of I Class, Nandyal (for short, 'the Court below'), the

petitioners-accused Nos. 1 and 2 filed the present revision before

this Court.

2. Heard Sri Raja Reddy Koneti, learned counsel appearing for

the petitioners-accused Nos. 1 and 2, and learned Special Assistant

Public Prosecutor appearing for the respondent-State.

3. A case in crime No. 188 of 2022 of Bandiatmakur Police

Station was registered against the petitioners-accused Nos. 1 and

2 for the offences punishable under Section 506 read with Section

34 IPC and Section 67 of Information Technology Act. After

completion of investigation, the police filed charge sheet before

the Court below. The Court below took cognizance and issued

summons to the petitioners-accused Nos. 1 and 2 by order dated

10-03-2023 which is impugned in the present revision.

4. Sri Raja Reddy Koneti, learned counsel appearing for the

petitioners-accused Nos. 1 and 2, strenuously contends that the

order taking cognizance is without any application of mind since

there is no reason expressed by the Court below in taking

cognizance against the petitioners-accused Nos. 1 and 2; that the

provisions of Section 67 of Information Technology Act are not at

all applicable in the given facts and circumstances of the case and

that therefore, in the absence of reason, the order taking

cognizance would be considered to be bad in law. Learned Special

Assistant Public Prosecutor, on the other hand, also did not dispute

non application of mind by the Court below before passing the

impugned order.

5. In that view of the matter, the order taking cognizance dated

10-03-2023 in C.C.No. 318 of 2023 on the file of the Court of

learned Judicial Magistrate of I Class, Nandyal, is hereby set aside

and the matter is remanded back to the Court below for

consideration afresh in accordance with law after going through

the entire averments of charge sheet.

6. Accordingly, the criminal revision case is allowed at the

admission stage. Pending miscellaneous applications, if any, shall

stand disposed of in consequence.

_____________________ Date: 15-09-2023, JUSTICE K.SURESH REDDY JSK

THE HON'BLE SRI JUSTICE K.SURESH REDDY

CRIMINAL REVISION CASE No. 772 OF 2023

DATE: 15TH SEPTEMBER, 2023

JSK