1 APHC010175772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3812/2025 Between: P Gajendra ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. CH VENKAT RAMAN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3812 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner was arraigned as A.2 in C.C.No.519 of 2024 on the file of the Court of the Principal Junior Civil Judge, Srikalahasti, for the offence under Section 109 of the Indian Penal Code. The learned counsel further submits that the learned Magistrate passed the cognizance taken order without assigning any reasons. 3. The cognizance taken order, dated 23.10.2024, reads as follows: "Taken cognizance of offence A1 under Section 354(D) read with 509, 506 IPC r/w 34 IPC, A2 and A3 109 IPC r/w 34 IPC. Issue summons to A1 to A3. Call on 04.12.2024." 4. Considering the submissions and after perusing the order passed by the learned Magistrate, it is evident that the cognizance taken order has been passed and summons are issued to the petitioner. The learned Magistrate has not applied his judicial mind coupled with discretion. 5. The cognizance taken order need not be elaborate, but it should indicate the application of judicial mind and the satisfaction of the learned Magistrate that a prima facie case is made out against the accused. 3 6. On these grounds, the cognizance taken order dated 23.10.2024 in C.C.No.519 of 2024 is hereby set aside, and the matter is remanded back for passing a fresh cognizance order based on the material available on record. 7. With these observations, the Criminal Petition is disposed of. 8. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.09.04.2025 BV