APHC010133352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 374/2025 Between: Allam Giri and others ...PETITIONER(S) AND Gudupu Harika and others ...RESPONDENT(S) Counsel for the Petitioner(S): M. Balanaga Srinivas Counsel for the Respondent(S): Public Prosecutor The Court made the following: ORDER: Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. The learned counsel for the petitioners served notice on respondent No.1 and filed proof to that effect. No representation for the respondent No.1 even after receipt of the notice. 2. The learned IV Additional Judicial Magistrate of I Class, Kakinada, in the order dated 19.12.2024, while taking cognizance of the offences against the petitioners No.1 to 16, passed a cryptic order without assigning any 2 Dr.YLR, J Crl.R.C.No.374 of 2025 Dated 16.07.2025 reasons though not detailed reasons for taking cognizance against the petitioners. Of course, the learned Magistrate who is not duty bound to give elaborate or detailed reason for taking cognizance. The learned Magistrate has passed the order on 19.12.2024, which is extracted as under: “Absence of Complainant and Accused No.2 to 16 is condoned on petition. Perused the evidence of P.W.1 and documents Ex.P1 to P8, prima facie allegations for offence under sections.448, 427, 323, 354, 506, 509 r/w 149 of I.P.C are made out against Accused No.1 to 16. For framing of charges for the said offence under section 246 of Cr.P.C. All Accused are directed to appear. Call on 07.01.2025”. 3. A bare perusal of the order it just says about a prima facie allegations for the offences under Sections 448, 427, 323, 354, 506, 509 r/w 149 of ‘the I.P.C.,’ are made out against the petitioners. However, it does not contain any reasons, let alone brief reasons. The Hon’ble Appex Court, in Sunil Bharti Mittal v. Central Bureau of Investigation1, in Para-Nos.52 and 53, held as under: “52…A wide discretion has been given as to grant or refusal of process and it must be judicially exercised. A person out not to be dragged into court merely because a complainant has been filed. If a prima facie case has been made out, the Magistrate ought to issue process and it cannot be refused merely because he thinks that it is unlikely to result in a conviction. 53. However, the words “Sufficient ground for proceeding” appearing in Section 204 are of immense importance. It is these words which amply suggest that an opinion is to be formed only after due application of mind that there is sufficient basis for proceeding against the said accused and formation of such an opinion is to be stated in the order itself. The order is liable to be set aside if no reason is given therein 1 (2015) 4 SCC 609 3 Dr.YLR, J Crl.R.C.No.374 of 2025 Dated 16.07.2025 while coming to the conclusion that there is prima facie case against the accused, though the order need not contain detailed reasons. A fortiori, the order would be bad in law if the reason given turns out to ex facie incorrect. 4. In view of the law laid down in Sunil Bharti Mittal (supra), the order of taking cognizance passed by the learned Magistrate is unsustainable, for want of giving at least brief reasons though not detailed reasons for taking cognizance. 5. In view of the reasons, the Criminal Revision Case is allowed, setting aside the order dated 19.12.2024 passed by the learned IV Additional Judicial Magistrate of I Class, Kakinada in C.C.No.732 of 2018. 6. The learned IV Additional Judicial Magistrate of I Class, Kakinada, is directed to pass fresh order giving brief reasons for taking cognizance against offence in respect of the petitioners No.1 to 16, after considering the evidence available on the record. No order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dt: 16.07.2025 KMS 4 Dr.YLR, J Crl.R.C.No.374 of 2025 Dated 16.07.2025 85 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE No: 374 of 2025 16.07.2025 W KMS