THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.4515 OF 2010 ORDER : In this Criminal Petition, challenge is to the order dated 07.05.2010 passed by the Special Judicial Magistrate of I Class for trying Prohibition & Excise Offences, (FAC) II Additional Judicial Magistrate of First Class, Machilipatnam, in C.C.No.179 of 2010. 2. Heard 3. The only contention of the learned counsel for the petitioners is that the Police after completing investigation deleted the names of petitioners herein and filed charge sheet against the other accused. However, the learned Magistrate has issued process against the petitioners. It is further submitted that the petitioners have been residing separately and they never resided with A.1 and that they have not committed the alleged offence. 4. It is settled law that truth or otherwise of the allegations made by the de facto complainant cannot be enquired into in quash proceedings. As far as taking cognizance of the offence is concerned, the Magistrate has to exercise his powers considering the entire material placed before him. The Magistrate is not bound to accept the version of the Police or the version of the de facto complainant. A Magistrate having considered the entire material placed before him if comes to a conclusion that there is a prima facie case to proceed against the accused, he can issue process against the said accused. 5. The main contention of the learned counsel for the petitioners is that there is no material against the petitioners in the record placed before the Magistrate. If that is the case, the petitioners may have to challenge the legality or otherwise of the impugned order by filing a revision before the competent Court. 6. In the circumstances, I do not see any reason to quash the impugned order. However, the Police are directed not to arrest the petitioners for a period of thirty days from today and the petitioners may file a revision or any other proceedings as advised to them. 7. Criminal petition is disposed of accordingly. ________________________ B.CHANDRA KUMAR, J Dated : 27.05.2010 Note : Issue C.C. by tomorrow. B/o. sur / rns