KODELA SIVA PRASADA RAO Vs. STATE OF TS

JUDGEMENT

(1.) Heard both the matters together as the parties in both are one and the same. A private complaint was filed by the 2nd respondent to the Crl.P.No.4544 of 2017 against the accused/petitioner for the alleged offences u/sec.171(E) to (I) and 200 IPC. The learned Addl.Judl.Magistrate of First Class/Special Mobile Court(for short, the AJFCM'), Karimnagar taken cognizance within his discretion even asked to refer to police for investigation, stating as cannot be referred for all the offences are non-cognizable and on reference u/sec.156(3) CrPC invoking Section 154 CrPC police cannot register a crime, but for to obtain any permission of the learned Magistrate as contemplated by Section 155CrPC which is prerequisite as per the expression of the Apex Court in Tilak Nagar Industries Limited Vs. State of Telangana, 2012 AIR(SC) 521.

(2.) Earlier revision petition Crl.R.C.No.162 of 2017 is filed against the docket order, dt.03.11.2016 of the (for short, the AJFCM'), Karimnagar in C.F.No.3921 of 2016 impugning the return of said unnumbered complaint for want of jurisdiction by the learned Magistrate on 22.08.2016 and after re-submission not chosen to number. In the order, dt.03.02.2017 in the revision supra, this Court observed as:-

(3.) It appears the cognizance was taken by the Chief Judicial Magistrate. The docket proceedings before the Chief Judicial Magistrate are concerned, as per the revision order supra, there is a direction to take cognizance and thereby taken on file and made over to the Mobile Magistrate. The present impugnment is against said cognizance and summoning, leave apart the Transfer Criminal Petition filed seeking to transfer the case to the State of Andhra Pradesh where there is a Designated Court.