THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12162 of 2010 ORDER: Petitioners approach this Court with a prayer to quash the proceedings against them in C.C.No.129 of 2010 on the file of the Judicial Magistrate of First Class, Bhainsa, Adilabad District, whereby they are facing charge under Sections 447, 427, 506, 418, 420, 463, 464, 468, 471, 120(B) read with 34 and 109 of IPC. Learned counsel for the petitioners submitted that the original complaint filed by the de facto complainant was investigated by the police and finally, police filed final report stating that the matter is purely civil in nature. Against the said final report, the de facto complainant filed an application under Section 173(2) read with 202 of Cr.P.C. This Court perused the records and heard the counsel for the petitioners and respondent. On perusal of the documents filed before this Court, the learned Magistrate on the application filed by the de facto complainant as stated above, without following the procedure, taken cognizance against the petitioners for the offences under Sections 420, 427, 120(B) read with 34 and 109 of IPC. This Court is of the view that when a protest petition is filed against the investigation, it is the duty of the Magistrate to peruse all the documents filed and also if necessary to order for further investigation or he has to examine the witnesses. More particularly in the present case, the grievance of the de facto complainant is that he has not at all examined the witnesses. In such a situation, the cognizance taken by the learned Magistrate is hereby set aside and the learned Magistrate is hereby directed to follow the procedure in accordance with law and if any cognizable offence is made out, then he is at liberty to proceed against the petitioners herein. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 8th February 2011, Rns.