HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 8748 of 2008 Date: 19-08-2010 Between: Anil Kumar and another …….. Petitioners and M/s Chabra Associates and others ……… Respondents HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 8748 of 2008 ORDER: The petitioners approached this Court with a prayer to quash the complaint in C.C.No.457 of 2006 on the file of the X Additional Chief Metropolitan Magistrate, Secunderabad. 2. The first petitioner is the publisher and second petitioner is the Editor of the Times of India daily newspaper. The respondents- complainants filed a private complaint against the petitioners and two other persons, under Section 200 of Cr.P.C., for defamatory publication for the offences punishable under Sections 499 to 501 of IPC. The learned Magistrate, on appearance of the petitioners for pre litigation step, took cognizance of the offence and also directed them to present before the Court to face the trial. 3. The learned counsel for the petitioners submitted that the learned Magistrate has taken cognizance of the offence, without examining the complainants on oath, which is contrary to Section 200 of Cr.P.C. 4. Perused the entire record. It is well settled law that before taking cognizance on the basis of the complaint filed under Section 200 of Cr.P.C., the learned Magistrate shall examine the complainant on oath and then only, he is empowered to take cognizance of the offence concerned. But in this case the learned Magistrate has taken cognizance of the offence without examining the complainant on oath. Therefore, the cognizance taken by the learned Magistrate against the petitioners is hereby set aside. 5. However, the respondents-complainants are at liberty to approach the concerned Court if they wish so, and the learned Magistrate is directed to take fresh statement, if necessary, to take cognizance against the petitioners. 6. With the above observations, the Criminal Petition is disposed of. _____________ RAJA ELANGO, J Date: 19-08-2010 YCR