THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.9961 of 2010 ORDER: Heard learned counsel appearing for both the parties. The docket order, dated 18.05.2010, in C.C.No.311 of 2010 on the file of the Judicial Magistrate of First Class, Bhadrachalam, is questioned in this Criminal Petition. The said docket order reads as under: - “Heard the learned counsel for complainant. Perused the contents of complaint, objection petition and the evidence of complainant and her another witness. The material available on record proves prima facie case to take cognizance against the accused A-1 to A-7 for the alleged offences. In SMS Pharmaceuticals Vs. Netha Bala reported in 2006(1) ALT (Crl) 29 S.C., it was held that the prima facie case must contain material for the magistrate to proceed. At the time of issuing process the Magistrate is required to see only the allegations in the complaint or charge sheet (para-6). Therefore in the light of Sec 204 Cr.P.C., coupled with the afore cited judgment and basing on the material available on record, it is just and proper to take cognizance against the accused for the alleged offences. Therefore, cognizance is taken against A-1 to A-2 for the offences u/sec 419, 420, 466, 468, 471 and 474 IPC; and against A-2 to A-7 for offences u/sec 419, 420, 466, 468, 471, 474 read with 109 IPC. Register this complaint as Calender case and issue summons to A-1 to A-7, on payment of required process. Call on 18.06.2010.” On a perusal of the impugned docket order, this Court is of the view that this Criminal Petition is not maintainable for the reason that the Court below took cognizance of the offence under Section 204 Cr.P.C. As against the order taking cognizance of the offences against the petitioners herein, under Section 204 Cr.P.C., as rightly contended by learned counsel for the first respondent, a Revision under Sections 397 and 401 Cr.P.C. alone is maintainable but not the Criminal Petition under Section 482 Cr.P.C. In the circumstances, this Criminal Petition is dismissed as not maintainable, however, giving liberty to the petitioners to approach this Court by filing appropriate application under law. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 23rd December 2010 DR