THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5264 of 2010 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by the petitioner – complainant with a prayer to set aside the order passed by the learned II Additional Judicial Magistrate of First Class, Khammam, whereby he returned the complaint filed by the petitioner herein invoking the provision under Section 200 Cr.P.C., whereby the complainant warned the respondents herein to be prosecuted for an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act( for short ‘the act’). 2. Heard both sides. 3. Learned counsel for the petitioner submitted that the learned Magistrate returned the said complaint stating that already on the basis of the earlier complaint given by the petitioner, charge sheet was filed by the investigating agency deleting the provision under the Act for an offence under Section 3(1)(x) of the Act. Learned counsel for the petitioner submitted that if the investigating agency filed the final report deleting the above said provision of law, it is the duty of the learned Magistrate to inform the complainant regarding the same and he should have been invited to file a protest petition in this matter. Without added to that procedure, the learned Magistrate directly taken cognizance for the offence under Sections 143, 341, 290, 323 read with 149 IPC against the respondents-accused. 4. This Court perused the records and also the note made by the learned Magistrate, whereby he returned the same. 5. This Court is of the view that when a complaint is lodged by the petitioner herein for the specific offence, that too, which is triable by learned Sessions Judge, if the investigating agency files a report deleting the said section, it is the duty of the learned Magistrate to issue notice to the complainant to make his submission if he is aggrieved over the final report filed by the Investigating Officer. In the absence of the same, if the complainant approaches the court with a complaint under Section 200 Cr.P.C. to invoke the provisions of the said Act, it is the duty of the learned Magistrate to verify the complaint and also to examine the witnesses to decide whether the cognizance can be taken in the present complaint filed by the petitioner or the learned Magistrate can order for further investigation by a competent authority. Hence, the refusal of the Magistrate by returning the complaint is liable to be set aside. 6. Hence, the order passed by the II Additional Judicial Magistrate of First Class, Khammam, returning the complaint filed by the petitioner herein, is hereby set aside and the learned Magistrate is directed to receive the complaint and to proceed with the said complaint in accordance with law. 7. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. Registry is directed to return the copy of the complaint. __________________ JUSTICE RAJA ELANGO Date:25.01.2011 Rns