THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.759 of 2011 ORDER: The petitioner approaches the Court with a prayer to direct the learned Sessions Judge before whom a report was filed by the investigation agency requesting the Magistrate to drop further action in Crime No.7 of 2008 of ACB, Eluru, West Godavari District. 2. Heard both sides. 3. It is evident from the report filed by the Investigation Officer that he informed the Court that after completion of the investigation, he forwarded a report to the Government for sanction to prosecute the petitioner herein. The government refused to grant sanction and decided in this matter to proceed with the petitioner by way of departmental action. Hence, the investigation officer filed a final report stating the stand taken by the Government and requesting the Magistrate to close the FIR pending on the file of ACB, Eluru, West Godavari District. The learned trial Judge instead of acceding to the request of the Investigation Officer, directed the Investigation Officer and another witness to be present before the Court and examined them as witnesses and also recorded the evidence adduced by them. The learned counsel for the petitioner submitted that the act of the trial Court in examining the witnesses after filing final report without taking cognizance is erroneous in law. In Criminal Procedure Code, number of provisions need to be followed by the trial Judges for examining the witnesses to follow up the matter after taking cognizance of the offences. In the absence of the cognizance taken by the learned trial Judge, the trial Judge should not have called for the witnesses to record the evidence. 4. In that view of the matter, this court is of the view that on filing of final report, the Magistrate has the power either to accept or reject the same. On accepting the report, he can either proceed with the case or drop further action. If the trial Judge not accepting the final report and if wants to proceed further, he can invoke the provisions under Section 173(8) for further investigation and order for the same. But the learned trial Judge has no power to call the witnesses and examine the witnesses in the absence of any cognizance taken by him. In view of the same, the evidence recorded by the learned trial Judge is hereby directed to be eschewed from the record. In any event, the learned trial Judge is at liberty to proceed in the matter in accordance with the provisions laid down in Cr.P.C. 5. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. _______________ RAJA ELANGO, J. 31st January 2011, Rns.