IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2975 OF 2013 BETWEEN:` 1. B M S VEERAIAH S/O RUDRAIAH, AGED ABOUT 59 YEARS, CHIEF OFFICER, TOWN PANCHAYATH, HOLALKERE, DISTRICT, CHITRADURGA-577526.
2. K.R. RAJAPPA S/O KALAPPA, AGED ABOUT 55 YEARS, OCC: AGRICULTURIST, R/O. HOLALKERE TOWN-577526.
3. K.C. NAGARAJA S/O CHANDRASHEKARAPPA, AGED ABOUT 40 YEARS, OCC: AGRICULTURIST AND EX-TOWN PANCHAYATH MEMBER, R/O. HOLALKERE TOWN-577526.
4. K.C. RAMESH S/O CHANDRASHEKARAPPA, AGED ABOUT 50 YEARS, OCC: AGRICULTURIST AND EX-TOWN PANCHAYATH MEMBER, R/O. HOLALKERE TOWN-577526.
(BY SRI: R B DESHPANDE, ADVOCATE) ... PETITIONERS AND 1. THE STATE BY LOKAYUKTHA POLICE STATION, CHITRADURGA-577501.
2. B.S. PRABHAKAR (ADVOCATE) S/O. B. SEETHARAMAIAH, AGED ABOUT 46 YEARS, R/O. "ANJANDRI" SIDDARAMAPPA EXTENSION, HOLALKERE TOWN, DISTRICT, CHITRADURGA-577321.
... RESPONDENTS (BY SRI: VENKATESH.S. ARABATTI, SPL. PP FOR R1; SRI: H. KANTHARAJA, ADVOCATE FOR R2 ABSENT) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PRIVATE COMPLAINT NO.3/2013 PENDING ON THE FILE OF THE PRL. DIST. & S.J., CHITRADURGA AND ITS CONSEQUENTIAL PROCEEDINGS.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioner and learned counsel for respondent No.1-Lokayukta. Learned counsel for respondent No.2 is absent.
2. The grievance of the petitioner relates to the order passed by the learned Magistrate dated 20.02.2013 of taking cognizance of the offences under sections 120, 120(B), 406, 408, 409, 420, 465, 468, 471, 477(A) r/w 149 Indian Penal Code and Section 13 of Prevention of Corruption Act, 1988.
The impugned order reads as under:-
ORDER Complainant is present before the court today i.e., on 18.02.2013 at 3.00 pm and submit presented this complaint. The complaint is referred for investigation U/Sec.156(3) Cr.P.C. and C.P.I., Lokayuktha PS is directed to investigate and submit final report on or before 20.03.2013. Register as Private Complaint.
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I/c Prl.District & Sessions Judge, Chitradurga 3. A reading of the above order on the face of it indicates that the learned Magistrate has failed to follow the legal requirements contemplated under Section 190 Cr.P.C. The learned Magistrate has not even looked into the averments made in the complaint and has not applied his mind to the facts of the case before referring the matter for investigation under Section 156(3) Cr.P.C.
4. Law is now well settled by the Hon’ble Supreme Court in MAKSUD SAIYED vs. STATE OF GUJARAT AND OTHERS, (2008) 5 SCC 668, wherein it is held that the requirement of application of mind by the Magistrate before exercising jurisdiction under Section 156(3) Cr.P.C. is of paramount importance. The learned Special Judge having failed to apply his mind to the facts of the case, in my view, the impugned order directing investigation by the Lokayukta police under Section 156(3) Cr.P.C. and the consequent registration of the FIR is liable to be set-aside.
Accordingly, the petition is allowed. The impugned direction referring the complaint for investigation by the Lokayukta Police under section 156(3) Cr.P.C. and the consequent registration of the FIR in Cr.No.5/2013 is hereby set- aside. The matter is remitted to the learned Special Judge to pass appropriate orders on the complaint filed by the second respondent in accordance with law.
Sd/- JUDGE *mn/-