APHC010147152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3490/2025 Between: V Srinivasulu Reddy ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. KISHORE KUMAR KATARI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner is aggrieved by the repeated return of his complaint by raising objections. It is submitted that the petitioner filed a complaint under Sections 190 and 200 Cr.P.C., before the Additional Junior Civil Judge, Mangalagiri, alleging offences under Sections 120A, 120B, 500 and 506 IPC against the named 2 accused therein. It is submitted that the Magistrate Court has been repeatedly returning the complaint without taking cognizance. As seen from the proceedings, objections are raised for the petitioner to clarify on the objections. However, without clarifying the same, the petitioner has straight away approached this Court. 3. Section 190 Cr.P.C. reads as follows: “Section 190 : Cognizance of offences by Magistrates (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under Sub- Section(2), may take cognizance of any offence- a) upon receiving a complaint of facts which constitute such offence; b) upon a police report of such facts; c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under Sub-Section (1) of such offences as are within his competence to inquire into or try. 4. Section 190 Cr.P.C. gives discretionary power to the Magistrate for taking cognizance of any offence and upon receiving the complaint and after verifying the facts, this Court cannot interfere in such discretionary powers of the Magistrate. 5. Accordingly, the Criminal Petition is dismissed. 6. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________ JUSTICE HARINATH.N BMS