IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD WEDNESDAY THE TWENTYFIRST DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 7170 OF 2010. Between: Sri Duvvada Rajesh Kumar … Petitioner V/s. Dr.A.Hemanth & Anr. … Respondents Counsel for the petitioner : Smt. N. (P) Anjana Devi Sri P. Satyanarayana Counsel for the first respondent: Public Prosecutor THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 7170 OF 2010. O R D E R: This Criminal Petition is filed by the petitioners under section 482 Cr.P.C., seeking to stay all further proceedings including appearance of the petitioner in CC.No. 971 of 2009 on the file of the Court of First Additional Chief Metropolitan Magistrate Court, Visakhapatnam. The main contention of the learned counsel for the petitioner is that the learned Magistrate has not followed the procedure as per section 200 Cr.P.C. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner has rightly pointed out that the learned Magistrate has taken cognizance of the offence without examining the complainant on oath and relied on the sworn affidavit filed by the complainant. This Court is of the view that prior to taking cognizance under section 200 Cr.P.C., the learned Magistrate should examine the complainant along with written complaint filed by the complainant. In view of the same, the present cognizance taken by the learned Magistrate is hereby set aside. In any event, the learned Magistrate is directed to examine the complainant on oath and after following the same, the learned Magistrate is directed to take cognizance of the said offence. With the above observation, the Criminal Petition stands disposed of. _______________________ JUSTICE RAJA ELANGO July 21, 2010. I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRL.PETITION No. 7170 OF 2010 Date:21-7-2010