THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6634 of 2011 ORDER: Petitioner preferred a complaint against the accused – 1st respondent on 02-10-2007. The same was referred to the 2nd respondent. They filed report stating that the case is mistake of fact, against which the petitoner preferred a protest petition and the same was adjourned on various dates. All of a sudden, the learned II Additional Judicial Magistrate of First Class, Nellore, on 05-02-2010, made the following docket order: “Complainant absent. Petition filed and allowed. FIR received, CFR is closed.” 2. Heard. 3. A perusal of the docket order, dated 05-02-2010, discloses that the learned Magistrate has not considered the protest petition in accordance with law and he has failed to examine the witnesses and without examining the witnesses and the complainant, the present order is passed. 4. Hence, this Court is of the view that the said order can be recalled and the learned Magistrate can be directed to dispose of the protest petition in accordance with law. 5. Accordingly, the Criminal Petition is disposed of and the docket order, dated 05-02-2010, passed by the II Additional Judicial Magistrate of First Class, Nellore, is recalled and the learned Magistrate is directed to dispose of the protest petition in accordance with law. 6. Miscellaneous petitions pending in this criminal petition, if any, shall stand closed. __________________ JUSTICE RAJA ELANGO August 04, 2011. KTL