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This Criminal Revision Case has been filed under Sections 397 and 401
of Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C’) challenging the
order dated 14.02.2017 in R.C.No.1816 of 2017 in Cr.No.229 of 2012, passed
by the learned III Additional Judicial Magistrate of First Class, Ongole, in
taking cognizance against the petitioner/Accused No.1 and Accused Nos.2 to
4.
2. It should be pointed out at the threshold that the learned III Additional
Judicial Magistrate of First Class, Ongole, instead of taking cognizance
against the offence, has taken cognizance against the accused. The Hon’ble
Apex Court in S.K.Sinha, Chief Enforcement Officer v. Videocon
International Limited1 held at paragraph No.20 that cognizance is taken of
an offence and not of an offender. The learned Magistrate missed this
fundamental principle in Criminal Cases while taking cognizance.
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