THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7111 of 2011 ORDER: Petitioners approach this Court by invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings in C.C.No.1356 of 2008 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad, whereby they are arrayed as accused for the offence punishable under Sections 406, 420, 441, 506 read with 34 IPC and 120-B of IPC. 2. Heard both sides. 3. Learned senior counsel for the petitioners submitted the following points for consideration. i. the learned Magistrate should not have taken cognizance without ascertaining the credibility of the witness, which is against the Section 200 Cr.P.C. and further ii. the present case filed by the respondent is a counter-case. 4. This Court is of the view that the said contentions are not merit acceptance to take cognizance of an offence. It is the duty of the Magistrate to peruse the complaint and to record the sworn statement of the complainant. If the learned Magistrate comes to the conclusion that there is prima facie case, he can take cognizance of the case and as far as the second contention that it is a counter case is concerned, it is a matter to be considered at the time of trial only. Hence, the present petition is devoid of merits and the same is liable to be dismissed. 5. Accordingly, the Criminal Petition is dismissed. However, in view of the nature of offence, the presence of the petitioners before the trial Court is dispensed with except the dates on which the learned Magistrate insists for their appearance and the petitioners shall properly be represented through their counsel. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ______________________ JUSTICE RAJA ELANGO 19th August 2011, Rns.