THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO. 2206 of 2009 Date: 02-02-2010 Between: Hanumanthu Rajagopal Rao. - - - Petitioner. And Sri. D.C. Mehta and two others. - - - Respondents. This Court made the following : THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO.2206 OF 2009 ORDER: This Criminal Revision Case is filed by the petitioner under Sections 397 and 401 of Code of Criminal Procedure, 1973 (‘Cr.P.C.’, for brevity), praying to set aside the Order made in Crl.M.P. No.252 of 2009 in D.D.R. No.17159 of 2007, dated 17-11-2009, passed by the learned IV Additional Chief Metropolitan Magistrate (Hereinafter referred to as ‘learned Metropolitan Magistrate’), Visakhapatnam, Visakhapatnam District. As seen from the contents of the impugned order, the learned Metropolitan Magistrate, held that the petitioner did not examine the Income Tax officials on whose reports he mainly relied on and also the police officers of Raigadh police station, Visakhapatnam police station and also the complainants in some other Criminal cases. At the stage of taking cognizance or enquiry under Section 202 of Cr.P.C., what is to be seen is whether prima-facie case has been made out or not? There is no need to evaluate the evidence at that stage. In view of the same, I consider just and reasonable to dispose of this Revision at the stage of admission itself setting aside the impugned order and directing the learned Metropolitan Magistrate to permit the petitioner to adduce further evidence and then to pass appropriate orders in accordance with law. Accordingly, the Criminal Revision Case is disposed of. ____________________ B. CHANDRA KUMAR, J Date: 02-02-2010. DSH