HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.359 OF 2011 JUDGMENT: The petitioner herein filed a private complaint under Sections 190 and 200 Cr.P.C. alleging the offences punishable under Sections 420, 468 and 471 I.P.C. against the accused-respondents 2 to 4 herein and the same was numbered by the learned III Additional Chief Metropolitan Magistrate, Vijayawada, as C.F.No.5264 of 2010. After recording the sworn statement of the petitioner herein, i.e., the complainant, the learned Magistrate came to the conclusion that no offence is made out against the accused and accordingly, by an order, dated 28.01.2011, dismissed the said complaint under Section 203 Cr.P.C. The same is questioned by the complainant by filing this Criminal Revision Case. As the point involved in this Revision is between the Court and the complainant, and respondents 2 to 4 herein, who are the accused in the said private complaint, are shown as not necessary parties, this Court is of the view that notice to the said respondents can be dispensed with. It is true that after recording the sworn statement of the complainant and the witnesses present, as provided for under Section 200 Cr.P.C., the Court may dismiss the complaint by invoking its jurisdiction under Section 203 Cr.P.C., if there is no sufficient ground for proceeding further. But, at the same time, the Court should remember that it shall not hold a rowing inquiry into the allegations made against the accused. From a perusal of the impugned order, dated 28.01.2011, this Court is of the view that the Court below had exceeded its jurisdiction and proceeded to decide on the merits of the case, which has to be done only after recording the entire evidence during the course of trial of the case. In those circumstances, this Court is of the view that the impugned order is liable to be set aside. In the result, the Criminal Revision Case is allowed and the impugned order is set aside. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 21st March 2011 DR