SIDDAVARAPU VENKATARAMI REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) The present Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), praying to call for the records pertaining to the order dtd. 27/9/2019 in P.R.C.No.23 of 2019 on the file of the Additional Judicial Magistrate of First Class, Kavali, SPSR Nellore District, and to quash the same.

(2.) The charge sheet in the aforesaid case was filed in Crime No.109 of 2016 by Kavali II Town Police Station to punish the accused for the offences under Ss. 341, 307 and 326 I.P.C. read with Sec. 34 I.P.C., deleting the name of the petitioner/A4 from the array of the accused. On filing of written memo by the de facto complainant, learned Magistrate has taken cognizance against the petitioner/A4.

(3.) Aggrieved by the order of the learned Magistrate in taking cognizance against the accused No.4, who is left out accused by the police before filing of the charge sheet, the present Criminal Petition is filed on the ground that the Magistrate grossly erred in taking cognizance against the petitioner/A4 without there being any order and the fact of taking cognizance is only reflected in the order passed in P.R.C.No.23 of 2019 dtd. 27/9/2019, wherein the case was committed to the Court of Sessions. Hence, implored to allow the Criminal Petition and to set aside the order dtd. 27/9/2019, wherein the learned Magistrate has committed the case to the Court of Sessions against all the accused.