HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 8491 of 2011 Order: The petitioner preferred the present criminal petition with a prayer to quash the proceedings initiated against him in S.T.C. No. 313 of 2011 on the file of the Principal Junior Civil Judge, Chittoor. The main grievance of the petitioner herein is that the learned trial Judge has taken cognizance of the offence on the basis of an affidavit filed by the 1st respondent-complainant. Learned counsel for the petitioner submits that in the instant case, the learned trial Judge without examining the complainant has taken cognizance of the offence on the basis of the affidavit filed by the complainant. Hence, he prayed that the impugned order be set aside. It is well settled that in order to take cognizance of a complaint, necessarily the Court has to examine the complainant. Hence, the cognizance taken by the trial Court is set aside. However, if the 1st respondent-complainant wants to depose before the trial Court, he is at liberty to file a petition before the learned trial Judge and on such petition being filed, the learned trial Judge is directed to consider the same and take cognizance of the offence. The Criminal Petition is accordingly disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 19.09.2011 pnb