THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.221 of 2008 ORDER: The petitioners approach the Court with a prayer to quash the cognizance taken by the learned Magistrate against them. The learned Magistrate by an order dated 07.12.2007 taken cognizance of the offence alleged by the complainant. Heard both sides. The main grievance of the petitioners is that on the basis of the complaint, a crime was registered. After due investigation, the investigation agency referred the matter as mistake of fact. Learned counsel for the petitioners submitted that once the police referred the matter as mistake of fact, the learned Magistrate ought not to have taken cognizance of the offence on the basis of the petition filed under Section 202 of Cr.P.C. and also on the basis of the sworn statement and statement of the complainant and other witnesses. This Court is of the view that when the police referred the matter as a false case or civil in nature, the complainant has every right to file the same before the Court protesting the outcome of the investigation. Accordingly, the complainant approached the Court with appropriate application and examined herself as witness and also examined the witnesses. On the basis of the statement given by the complainant and the witnesses, the learned Magistrate has rightly taken cognizance of the offence. Learned counsel for the petitioners further submitted that at no point of time the complainant was in possession of the said property. So, the question of assaulting and also threatening to kill them does not arise. The said contention can be raised at the time of trial and further more, there is no offence registered under Section 447 IPC. If an offence registered under Section 447 IPC, the contention of the petitioners that the complainant was never in possession of the same at any point of time can be considered. Hence, this Court is of the view that the points raised by the petitioner herein can be raised at the time of trial and further the truth or falsity of the allegations in the report given by the complainant to the police is a question of fact, which this Court cannot go into by invoking the provisions under Section 482 Cr.P.C. and the present petition is liable to be dismissed. In any event, the learned Magistrate, who has taken cognizance of the offence is directed to issue summons to the accused and they can appear before the court after receipt of summons and after their appearance, if the petitioners filed an application under Section 205 Cr.P.C. to dispense with their presence before the Court, the Magistrate is directed to consider the same favourably. With the above observation, the criminal petition is disposed of. ___________________ JUSTICE RAJA ELANGO 17th February 2011 Rns