This Court in Thiyagarajan Aniayampati Sivassamy v. The State of Telangna in Cr

The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, High Court Buildings, Hyderabad, through PS, Dichpally, Nizamabad. ...Respondent No. 1 Gottipati Prabhakar Rao, S/o Ramanaiah, Aged 57 yrs, Occ. Business GPR brick Manufacturing lndustry, Mantrajpally, Dichpally Maridal, R/o. H. No. 1- 1 3-4'14, Mahalaxminagar Nizamabad. ...Respondent No. 2/Defacto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against Petitioners/Accused No. 1 and 2 in CC. No. 287 of 2023 on the file of ll Additional Judicial First Class Magistrate, at Nizamabad, registered U/Sec.448, 290,324,506 r/w 34 of lPC. l.A. NO: 2OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings against the Petitioners/Accused No. 'l and 2 in CC. No. 287 oI 2023 on the file of ll Additional Judicial First Class Magistrate, at Nizamabad, registered U/Sec.44B, 29O, 324,506 r/w 34 of lPC. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petation and upon hearing the arguments of Sri D. Shashi Preetam, Advocate for the Petitioner and the Sri M. Vivekananda Reddy Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri p. Amarender, Advocate for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SUR-ENDER CRIMINAL PETITION No.12856 0F 20/24 ORDER: This Criminal Petition is frled by the petitioners /accused, seeking to quash the proceedings against them in C.C.No.2g7 of 2023, pending on the file of II Additionar Judicirrl First class Magistrate, at Nizamabad, registered for the ofl.ences under Sections 448, 29O, 324, and 506 r/w.34 of IpC.

2. Heard learned counsel for the petitioners/accused ald Sri M.Vivekananda Reddy, learned Assistant public pr.osecutor for the respondent - State. perused the record.

3. A private complaint was filed and the learnerl Magistrate has passed the following order:- "Heard. Perused the material on record, taken cognizance for the offences under Sections 44g, 324, 29O of IPC against A-l and A-2. Issue summons to A_ I and A-2, call on 05.O8.2O23."

4. Learned counsel for the petitioners relied on the judgment of the Hon'ble Supreme Court in Mehmood Ul Rehman vs. 2 Khazir Mohammad Tunda and others (Crl.A.No.1O4g of 2OlOl. The relevant paragraph read as und.er: "23. The steps taken by the Magistrate under Section I9O(11 (a) of CrPC fotlowed by Section 2O4 of CrPC should reflect that the Magistrate has applied his mind to the facts and the statements and he is satisfied that there is ground for proceeding further in the matter by asking the person against whom the violation of law is alleged, to appear before the court. The satisfaction on tlte ground for proceeding would mean that the facts alleged in the complaint would constitute an offence, and when considered along with the statements recorded, would, prima facie, make the accused answerable before the court. No doubt, no formal order or a speaking order is required to be passed at that stage. The Code of Crimina-l Procedure requires speaking order to be passed under Section 2O3 of CrPC when the complaint is dismissed and that too the reasons need to be stated only briefly. In ottrer words, the Magistrate is not to act as a post oftice in taking cognizance of each and every complaint filed before him and issue process as a matter of course. There must be suffrcient indication in the order passed by the M,grstrate that he is satisfred that the allegations in the complaint constitute an offence and when considered along with the statements recorded and the result of inquiry or report of investigation under Section 2O2 of CrPC, if ,ny, the accused is alswerable before the criminal court, there is ground for proceeding against the accused under Section 2O4 ofCrpC, by issuing process for appearance. Application of mind is best demonstrated by disclosure of mind on the J satisfaction. If there is no such indication in a ceise where the Magistrate proceeds under Sections l9O /2O4 of CrPC, the High Court under Section 482 of CrPC is bound to invoke its inherent power in order to prevent abu:se of the power of the criminal court. To be ca.lled to appear before criminal court as an accused is serious matter allecting one's dignity, self respect and image in societ5r. Hence, the process of criminal court shall not be made a weapon of harassment."

5. In cases where a private complaint is hled, it is for the concerned Court to apply its mind to the facts of the case, either to take cognizance of the offence or refer it to the Police for investigation. What prompted the concerned Magistrate or Judge to refer the complaint to the Police for investigation must be stated in reference order. While not in detail, the reasons for the Judge's satisfaction that the complaint needs .Lnvestigation must be mentioned.

6. This Court in Thiyagarajan Aniayampati Sivassamy vs. The State of Telangna in Cr1.P.No.3651 of 2023 he\d as under: " L7 . ln view of the above, this Court deems it appropriate to pass the following direction which shall be scrupulously followed by the trial Courts on criminal side in r-he State of Telangana: 4 " 1) While referring a case under Section 156(3) of Cr.P.C., the Magistrate shall make a very brief note of the case and his satisfaction that it is a fit case to be investigated by the police."

7. Since the order taking cognizance is bereft of reasons, this Court deems it appropriate to set aside the cognizance order dated 27.02.2023. However, this order will not preclude the Iearned Magistrate in taking cognizance by grving reasons in accordance with above cited judgment and by following the direction mentioned above.

8. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// SD/. MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER To, 1 2 J. 4. 5 DUgh The ll Additional Judicial First Class Magistrate, at Nizamabad Two CCs to the Public Prosecutor, State of Telangana, High Court Buildings, at Hyderabad (OUT) One CC to Sri. D. Shashi Preetam, Advocate [OPUC] One CC to Sri P. Amarender, Advocate [OPUC] Two CD Copies Yv ---E::!!t i{E ST,q r €' 1I)Jl.lt,l M (nt tlI /./ HIGH COURT DATED:0710412025 ORDER CRLP.No.12856 of 2024 CRIMINAL PETITION IS DISPOSED OF Bcof"A #^