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NINALA JAYASURYA
Budamuru Harikrishna – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER:
1. The present Criminal Petition is filed seeking to quash the Order dated 29.06.2017 passed in Cr.No.9 of 2017 on the file of the Station House Officer, Amudalavalasa, Srikakulam District, the cognizance of which was taken in C.C.No.99 of 2017 on the file of the Learned Judicial First Class Magistrate, Amudalavalasa, Srikakulam District.
2. The petitioners herein are Accused Nos.2, 3, 7, 13, 14 & 15 in the above said crime.
3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the 1st respondent-State. Personal notice taken out on the 2nd respondent/ de facto complainant was returned with an endorsement ‘refused’. Hence, the notice is deemed to have been served on the 2nd respondent and none entered appearance on behalf of the 2nd respondent/ de facto complainant.
4. Pursuant to a complaint lodged by the 2nd respondent/ de facto complainant, the police registered a F.I.R on 19.02.2017 against the petitioners and others for the offences punishable under Sections 324 and 506 R/w Section 34 of the Indian Penal Code (for short ‘IPC’). After conducting investigation, police filed a Charge Sheet on 19.05.2017 against Accused Nos.1, 4
The examination of the complainant on oath as per Section 200 Cr.P.C. is necessary, and failure to comply with this statutory direction would vitiate the further proceedings taken by the Magistrate.
Magistrates must apply their minds and consider the material on record before issuing summons to accused persons.
Failure to adhere to procedural mandate during taking cognizance vitiates the order.
A magistrate must provide an opportunity to the accused before taking cognizance of an offence, as mandated by Section 223 of BNS-2023, highlighting the limitation on the magistrate's authority in re....
A Magistrate's order taking cognizance must be a reasoned one, reflecting an application of mind to the facts and law, and must not be cryptic or irrational.
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