THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6037 of 2009 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.312 of 2008 on the file of Additional Judicial Magistrate of First Class, Vizianagaram, registered for the offence punishable under Section 500 IPC. Learned counsel for the petitioner present and learned counsel for the respondents absent. The main contention raised by the learned counsel for the petitioner is that in a complaint filed under Section 200 Cr.P.C., if the Magistrate wants to take cognizance of the offence, it is the mandatory duty of the Magistrate to examine the complainant on oath and then to take cognizance of the said offence. In the present case, admittedly on perusal of the record, the complainant was not examined on oath and his statement was not recorded. Without recording the statement of the complainant under Section 200 Cr.P.C., cognizance taken against the petitioner is bad in law. Hence, the cognizance is hereby set aside and the proceedings initiated against the petitioner in C.C.No.312 of 2008 are liable to be quashed. The Criminal Petition is accordingly allowed. ______________ RAJA ELANGO, J December 8, 2011. LMV THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6037 of 2009 08-12-2011 lmv