THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.6392 OF 2011 ORDER:- Petitioner/accused approaches this Court with a prayer to quash the order, dated 27.07.2010, in Crl.M.P.No.975 of 2010 in C.C.No.538 of 2010 on the file of II Metropolitan Magistrate, Cyberabad at L.B.Nagar, Hyderabad. The main contention raised by the learned counsel for the petitioner is that on filing of private complaint, the learned Magistrate forwarded the same under Section 156(3) Cr.P.C. for investigation. The Investigating Officer filed a final report stating that the witnesses and the complainants did not cooperate and they were not present before him for investigation, and hence, he closed the case. Aggrieved over the same, the complainants filed protest petition before the Magistrate. The Magistrate, after examining the complainant, other witnesses and also the documents, took the case on file and proceeded with the case. Once the police filed the final report, it is not left open to the Magistrate to take cognizance of the offence on the same set of facts. The said contention is not merit acceptable. Once a complaint is filed and the same is forwarded to the Investigating Officer for investigation and if a final report is filed that the complainants and other witnesses are not cooperating, or in contra, if the complainants and the other witnesses appeared in the Court and deposed before the Court regarding their grievance, as stated in the complaint, the Magistrate is at liberty to take cognizance. Hence, the present application is devoid of merit and the same is liable to be dismissed. Learned counsel for the petitioner further submitted that the non- bailable warrant issued against the petitioner may be recalled. Since the petitioner himself intended to appear before the Court and face the trial, this Court is of the view that the same can be recalled. Accordingly, the non-bailable warrant pending against the petitioner is hereby recalled. The trial Court is directed to proceed further. With the above observation, the Criminal Petition is dismissed. __________________ RAJA ELANGO, J 02nd August, 2011. AMD THE HON'BLE SRI JUSTICE RAJA ELANGO CRL.P.6392 OF 2011 02-08-2011 AMD