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K. SREENIVASA REDDY
G. Ramesh Naidu – Appellant
Versus
Chittem Dattatreya Reddy – Respondent
JUDGMENT
K. Sreenivasa Reddy, J. - This Criminal Petition is filed to quash the proceedings in S.C. No. 421 of 2016 on the file of the Court of the VI Additional Sessions Judge, Anantapur at Gooty.
2. On a report given, crime was registered against the petitioner and 15 others for the offences punishable under Sections 147, 148, 324, 307, 302 r/w 149 IPC and 120-B IPC. After the investigation the police filed the charge sheet against A1 to A4 and A6 to A16 and deleted A5 from the charge sheet and the same is numbered as P.R.C. No. 18 of 2015 on the file of the Additional Judicial Magistrate of First Class Court, Gooty. Thereafter objections have been filed by Chittemreddy Indumathi (L.W. 1), Chittem Dattatreya Reddy (L.W. 9) and Thota Venkata Siva Prasad Reddy (L.W. 10) before the Judicial Magistrate of First Class, Gooty in respect of deletion of the name of the petitioner from the charge sheet. By an order dated 23.12.2015, the learned Magistrate passed the following order.
'Perused the protest petition and also citations relied by the counsel for the de facto complainant and also 161 statements of L.W. 1 to L.W. 12. Considering the same, this Court found a prima facie case is made
A Magistrate lacks authority to conduct preliminary inquiries or investigations under Section 190, and must adhere strictly to the procedural mandates of the Criminal Procedure Code.
The final report under Section 173(2) Cr.P.C. does not bind the Magistrate, who has the power to take cognizance of offences based on the material collected during investigation.
Magistrates must apply their minds and consider the material on record before issuing summons to accused persons.
The Magistrate has the authority to reject a final report and take cognizance based on the material available, even if it disagrees with the conclusion of the investigating agency.
The Magistrate must apply judicial mind when taking cognizance and issuing summons, ensuring sufficient grounds exist for proceeding with the case.
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