KILARI ANAND PAUL Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Revision Case has been filed under Ss. 397 and 401 of Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C') challenging the order dtd. 14/2/2017 in R.C.No.1816 of 2017 in Cr.No.229 of 2012, passed by the learned III Additional Judicial Magistrate of First Class, Ongole, in taking cognizance against the petitioner/Accused No.1 and Accused Nos.2 to 4.

(2.) It should be pointed out at the threshold that the learned III Additional Judicial Magistrate of First Class, Ongole, instead of taking cognizance against the offence, has taken cognizance against the accused. The Hon'ble Apex Court in S.K.Sinha, Chief Enforcement Officer v. Videocon International Limited,(2008) 2 SCC 492. held at paragraph No.20 that cognizance is taken of an offence and not of an offender. The learned Magistrate missed this fundamental principle in Criminal Cases while taking cognizance.

(3.) The revision case is maintainable as per decision of Hon'ble Supreme Court in Madhu Limaye v. State of Maharashtra,(1977) 4 SCC 551. wherein at Paragraph Nos.9 and 10, it is held as under: