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2023 Supreme(Telangana) 201

K. SURENDER
Thiyagarajan Aniayampati Sivaswamy – Appellant
Versus
State of Telangana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.R. Raman.
For the Respondent: S. Sudershan.

ORDER :

1. This Criminal Petition is filed to mainly on the ground of cryptic order passed by the Special Judge for trial of Cases under Economic Offences in C.C.No. 59 of 2022, dated 10.10.2022 taking cognizance of offence under Sections 420, 406, 426, 468, 470, 471 and 120-B of IPC against the petitioner and others. The said cognizance order is as follows:

    “The complaint is taken on file as CC 59/2022 against the Accused No. 1 to 4 for the offence punishable U/s 448 of the Companies Act, 2013 and U/s.420, 406, 426, 468, 470, 471, 120-B of IPC. Issue summons to Accused No. 1 to 4. Call on 21.11.2022.”

2. Learned counsel appearing for the petitioner would submit that the order taking cognizance has to be set aside as learned Sessions Judge has not given any reasons for taking cognizance.

3. Several quash petitions are being filed before this Court questioning the very cognizance order taken by the learned Magistrates or the Special Courts. The cognizance orders are bereft of any reasons and bald assertions are made for taking cognizance; to illustrate:

    (i) It is mentioned in the cognizance orders that “having gone through the statements and other material, the court is satisfied to take

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