V. JAGADEESHWAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) These 3 petitions filed by accused Nos. 1 to 3 respectively of C.C.No. 963 of 2014 on the file of Additional Judicial Magistrate of First Class, Jagtial. The said CC is outcome from the private complainant of the 2nd respondent-private complainant herein against the 3 accused supra for the offence punishable under Section 500 IPC defined in 499 IPC read with 34 IPC. It is based on the said private complaint of the de facto complainant supra dated 08-08-2014 after taking the sworn affidavit of the complainant dated 25-09-2014, the learned Magistrate has taken cognizance by order dated 18-11-2014 in CF.No. 4660 of 2014. The said cognizance order of the learned Magistrate is as follows:

(2.) From perusal of the above it shows there is no recording of the sworn affidavit of the de facto complainant by the learned Magistrate as contemplated by Section 200 Cr.P.C., 1973 which speaks as follows:

(3.) The proviso to Section 200 Cr.P.C., 1973 has no application to the de facto complainant for filing of the complaint as a public servant, in discharge of his duties as public servant in making the complaint. Once such is the case, the very taking of cognizance on the sworn affidavit without examination on oath of the complainant though it is mandatory from the very wording of Section 200 Cr.P.C., 1973 is no way sustainable on that count itself of the very cognizance order.