HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1710 of 2011 ORDER: This Criminal Revision Case is filed by the petitioner- complainant, under Section 397 r/w 401 of Cr.P.C., seeking to set aside the docket order dated 10.8.2011 passed by the III Addl. Judicial Magistrate of First Class, Rajahmundry, in an un-numbered calendar case, issuing summons to the accused-respondent Nos.1 to 6 herein. Heard. Learned counsel for the petitioner has submitted that the learned Magistrate returned the complaint on the ground of jurisdiction. Subsequently, though the petitioner complied with the objections stating that the trial Court has got jurisdiction to take cognizance of the offence, the learned Magistrate ordered issuance of summons to the accused and posted the matter for hearing on 16.9.2011, instead of passing any orders on the complaint. He further submitted that even prior to taking cognizance of an offence, the learned Magistrate has no jurisdiction to issue summons to the accused. This Court perused the record and also the docket order passed by the learned Magistrate. This Court is of the view that when a complaint is filed within the jurisdiction of the Court, the Magistrate concerned has to consider the same and, if he has no jurisdiction to entertain the complaint, the complaint may be directed to be presented before the Court concerned where jurisdiction lies. But in the present case, the learned Magistrate, without following the said procedure and also without examining the complainant on oath and recording his sworn statement, ordered issuance of summons to the accused. The said order is erroneous in law and the same is liable to be set aside. Accordingly, The Criminal Revision Case is allowed and the docket order dated 10.8.2011 passed by the III Addl. Judicial Magistrate of First Class, Rajahmundry is hereby set aside. The learned Magistrate is directed to proceed with the complaint, in accordance with law. __________________ RAJA ELANGO, J 24th August, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1710 OF 2011 (Allowed) 24th August, 2010 cbs