THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No.5486 of 2008 Date: 29.04.2010 Between: Tankasala Ashok and another … Petitioner AND The State of A.P. Rep.by Public Prosecutor, High Court of A.P., Hyderabad, and another … Respondents THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No.5486 of 2008 ORDER: This Criminal Petition has been filed praying to quash the proceedings in S.T.C.No.132 of 2008 on the file of IV Additional District Munsif Magistrate, Chittoor. 2. It is unfortunate that without verifying the facts of the case, cognizance of offence was taken in this case. Admittedly, the complaint has been filed for the offences punishable under Sections 499, 500, 501 and 502 of I.P.C. against the Editor, Chief Editor and Branch Manager of Vaartha daily telugu newspaper. The sworn statement of the complainant was also recorded. The impugned order dated 23.04.2008 reads as follows: “Complainant called present. Perused sworn affidavit. Substance of complaint discloses prima facie for the offence u/s.138 of N.I. Act. Hence, complaint is taken on cognizance for the offence u/s.138 of N.I. Act. Issue SS to accused through court and RP by 4-8-08.” 3. The learned counsel for the petitioners/A.1 & A.2 filed original summons issued to A.3, which shows that the cognizance was taken for the offence u/s.138 of Negotiable Instruments Act. 4. A perusal of the complaint itself shows that the complaint is filed for the offences u/s.499, 500, 501 and 502 I.P.C., however, the cognizance was taken for the offence u/s.138 of Negotiable Instruments Act. Therefore, it is crystal clear that there is non- application of mind by the Magistrate concerned in taking cognizance of the alleged offences. In view of the same, the impugned proceedings have to be quashed. 5. Accordingly, the Criminal Petition is allowed and the impugned proceedings are set aside, as far as the petitioners/A.1 & A.2 are concerned. __________________ B. CHANDRA KUMAR, J Date: 29.04.2010 Isn