THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5500 of 2009 ORDER: Petitioners/Accused Nos.1 to 3 approach this Court with a prayer to set aside the docket order dated 13.07.2009 passed by the learned II Additional Chief Metropolitan Magistrate, Vijayawada City, Krishna District, whereby the learned Magistrate has taken cognizance of the offence punishable under Section 354 of IPC against the petitioners. Petitioners are arrayed as Accused Nos.1 to 3 in C.C.No.414 of 2006 on the file of II Additional Chief Metropolitan Magistrate, Vijayawada City, wherein they are facing trial for the offences punishable under Sections 509 and 323 IPC. However, during the course of trial, PW.1, who is the mother of the victim girl, stated that while her daughter was going to school, Accused No.1 waylaid her daughter and teased her. PW.2, the victim girl, also stated that in the public place, Accused No.1 asked her to say that she loved him and threatened her that he would not allow her to go to school if she does not say that she is loving him. PW.3, grandmother of the victim, stated that when Accused No.1 was questioned about his conduct towards PW.2, all the accused quarreled with her and beat her. On the basis of the evidence of P.Ws.1 to 3, learned Magistrate, by his order dated 13.07.2009, has taken cognizance against the petitioners for the offence punishable under Section 354 of IPC and intends to commit the case to the Court of Sessions. Aggrieved thereby, the present criminal petition is filed. On perusal of the entire records and reading the evidence of P.Ws.1 to 3, this Court is of the view that ingredients of Section 354 of IPC does not attract and, hence, the cognizance taken by the learned Magistrate against the petitioners for the offence punishable under Section 354 of IPC is liable to be set aside. This criminal petition is accordingly allowed setting aside the docket order dated 13.07.2009 passed by the learned II Additional Chief Metropolitan Magistrate, Vijayawada City, Krishna District, whereby the Magistrate has taken cognizance of the offence punishable under Section 354 of IPC against the petitioners. Further, the learned Magistrate is directed to proceed with the trial of the case against the petitioners as per the offences originally charged against them. With the above observations, this criminal petition is disposed of. ____________________ JUSTICE RAJA ELANGO 14.03.2011 v v