THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.856 of 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner-accused seeking to set aside the docket order dated 31.08.2004 in C.C.No.109 of 2004 on the file of the Judicial Magistrate of First Class, Sathyaveedu, Chittoor District, whereby the learned Magistrate added the petitioner as Accused No.5. Heard. Learned counsel for the petitioner submitted that after proper investigation, the investigating agency filed the charge sheet deleting the name of the petitioner on the ground that the de facto complainant- respondent No.2 has not stated anything regarding the harassment meted out by her in the hands of the petitioner herein and also stated in the charge sheet that the petitioner married twenty years prior to the occurrence and leading her marital life with her husband in a different place. Further, the other witnesses are also not implicated the petitioner herein as an accused. Learned Magistrate on the basis of the complaint lodged by the respondent added the petitioner as an accused. The complaint is not a substantial piece of evidence unless and otherwise it is corroborated by the evidence of the witnesses concerned. In the absence of any allegation against the petitioner herein, the learned Magistrate has erroneously taken cognizance and added the petitioner as an accused. Hence, this Court is not having any hesitation to set aside the order passed by the learned Magistrate. Accordingly, the cognizance taken against the petitioner is hereby set aside. In any event, the learned Magistrate is at liberty to proceed against the other accused on the basis of the cognizance taken. With the above observation, the criminal revision case is allowed. ___________________ JUSTICE RAJA ELANGO Date:21.01.2011 Rns