THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRL.P.No.3049 OF 2010 ORDER The application is filed for quashing of the proceedings in C.C.o.92 of 2010 on the file of the Court of Additional Judicial First Class Magistrate, Tadepalligudem. A private complaint with regard to obtaining of the loans was filed and the matter was referred to the police and the police referred the case as a “mistake of fact’”. Thereafter, by order dated 03-03-2010 the learned Magistrate has taken the case on file and the order of the Magistrate reads as follows:- “Perused the complaint and the affidavit the of sworn statements. I am satisfied that there is sufficient ground to proceed against the accused for the offences under Sections 420, 465 r/w Sec.34 of I.P.C. Therefore, the case is taken on file as C.C.No.92/2010 against the accused under Sections.420,465 r/w Sec.34 of I.P.C. Issue summons to accused through court and R.P Call on 07-04-2010.” Evidently, the above procedure adopted by the learned Magistrate is not proper. A procedure has been laid down under Section 200 Cr.P.C. for taking cognizance of the offence in a private case and in those cases the statements of the complainant and witnesses have to be recorded. Reliance on the affidavit of the parties to take the case on file is against the settled principles of law. Therefore, in view of the above circumstances, the proceedings in C.C.No.92 of 2010 on the file of Court of Additional Judicial First Class Magistrate, Tadepalligudem are quashed. However, the court is at liberty to proceed according to law. Accordingly, the Criminal Petition is allowed. _______________________ N.R.L. NĀGESWARA RĀO,J 22-12-2011 TSNR