THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12531 of 2010 ORDER: Petitioner/Accused No.6 approaches this Court with a prayer to set aside the order of cognizance taken against him by the learned III Additional Munsif Magistrate, Tirupati, Chittoor District, in P.R.C.No.12 of 2010. The main grievance of the petitioner is that in the complaint, no where it is stated that he is involved in the alleged offence. The brief facts of the case are as follows: The occurrence took place on 20.03.2007. When the complainant went to the police station to lodge a complaint on the same day, she was detained in the police station. Subsequently, the case was referred as ‘mistake of fact’. Later, the complainant filed the present private complaint before the concerned Court, wherein the present petitioner is arrayed as accused No.6. Learned counsel for the petitioner submitted that in the complaint, the date of occurrence is shown as 20.03.2007 and there is a reference that the petitioner herein questioned and abused the complainant on 22.03.2007 in connection with the occurrence on 20.03.2007. Learned counsel for the 1st respondent confined his arguments with regard to occurrence on 20.03.2007. Admittedly, the petitioner is not involved in the occurrence on 20.03.2007. Hence, cognizance taken against the petitioner/Accused No.6 alone is liable to be quashed and the same is, accordingly, quashed. As far as other accused is concerned, the trial Court is at liberty to proceed further and conclude the trial as expeditiously as possible. Accordingly, the criminal petition is disposed of. ____________________ JUSTICE RAJA ELANGO 11.03.2011 v v