Morasa Balaramudu vs The State Of Andhra Pradesh
2023 Latest Caselaw 4494 AP

           THE HON'BLE SRI JUSTICE K.SURESH REDDY

        CRIMINAL REVISION CASE No. 844 OF 2023

JUDGMENT:

Questioning the order of taking cognizance dated 16-06-2023

in C.C.No. 250 of 2023 on the file of the Court of learned

Additional Judicial I Class Magistrate, Pithapuram (for short, 'the

Court below'), the petitioners-accused Nos. 2 to 6 filed the present

revision before this Court.

2. Heard Ms. Grandhi Priyanka, learned counsel appearing for

the petitioners-accused Nos. 2 to 6, and learned Special Assistant

Public Prosecutor appearing for respondent No. 1-State.

3. On a report given by respondent No. 2-de facto complainant,

a case in crime No. 35 of 2023 of Gollaprolu Police Station, was

registered against accused Nos. 1 to 6. After completion of

investigation, the police filed charge sheet against accused No. 1

alone for the offences punishable under Section 498-A IPC and

Sections 3 and 4 of Dowry Prohibition Act. The police deleted the

names of accused Nos. 2 to 6 from the charge sheet stating that

their involvement is not there. A notice was issued to de facto

complainant and after service of notice, de facto complainant filed

a memo on 16-06-2023 praying the Court below to implead

accused Nos. 2 to 6 also. On the basis of the said memo, the

Court below took cognizance against accused Nos. 2 to 6 also by

docket order dated 16-06-2023 which is impugned in the present

revision.

4. This Court perused the entire material available on record. A

perusal of the record would show that de facto complainant has

not at all filed any protest petition and that the Court below has

not taken cognizance against accused Nos. 2 to 6 on its own but

the cognizance is taken on the basis of a memo filed by de facto

complainant. The said order of taking cognizance without

assigning any reasons is bad in law.

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

dated 16-06-2023 in C.C.No. 250 of 2023 on the file of the Court

of learned Additional Judicial I Class Magistrate, Pithapuram, is

hereby set aside and the matter is remanded back to the Court

below for consideration afresh in accordance with law.

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

admission stage. Pending miscellaneous applications, if any, shall

stand disposed of in consequence.

_____________________ Date: 25-09-2023, JUSTICE K.SURESH REDDY JSK

THE HON'BLE SRI JUSTICE K.SURESH REDDY

CRIMINAL REVISION CASE No. 844 OF 2023

DATE: 25TH SEPTEMBER, 2023

JSK