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2025 Supreme(Online)(Tel) 37490

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
Gandhi Sanjiva Reddy – Appellant
Versus
The State of Telangana. – Respondent


THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL REVISION CASE No.824 OF 2025

ORDER:

This Criminal Revision Case is filed under Sections 438 and

442 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (BNSS) by the petitioners, assailing the order dated 11.07.2025 passed in C.C. No.2212 of 2025 on the file of the learned III Additional Judicial Magistrate of First Class, Khammam.

2. Heard Mr. P.V.L. Bhanu Prakash, learned counsel for the petitioners, Mr. Ch.Subramanyam, learned counsel for respondent No.2, and the learned Additional Public Prosecutor appearing for respondent No. 1-State.

3.1. Learned counsel for the petitioners contends that the cognizance order dated 11.07.2025 passed by the learned Magistrate suffers from non-application of mind. He submits that the order is mechanical in nature and fails to reflect any reasoning or judicial satisfaction regarding the existence of a prima facie case.

3.2. He relies on several decisions of this Court and the Hon’ble Supreme Court, holding that a cognizance order must be a speaking and reasoned one, demonstrating that the Magistrate has applied his mind to the materials before taking cognizance. Reliance is placed on the orders passed by t

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