K KESAPPA Vs. STATE OF A P

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C. to quash the proceedings in P.R.C.No.23/96 on the file of the Judicial Magistrate of First Class, Madanapalli, Chittor District.

(2.) The second respondent, P. Chandra Sekhar, filed a complaint against the petitioners for offences under Sections 326, 330 and 307 IPC and subsequently the injured died and the section of law was altered from Section 307, IPC to Section 302 IPC.

(3.) The learned Counsel for the petitioners submitted that the learned Magistrate ha recorded the statements of the witnesses without administering oath and under Section 202, Cr.P.C. the Magistrate is expected to record the statements on oath and hence, taking of the cognizance of the offence basing on the said statements is illegal and requested to quash the proceedings.