IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO. 5876 OF 2016 BETWEEN:
1. C. Mohan Ram S/o A. Channaiah Aged 55 years R/o # 1/4, 2nd Main Road Ramachandrapuram, Srirampuram Bangalore – 560021.
2. Rajamma W/o C. Mohan Ram Aged 45 years R/o # 1/4, 2nd Main Road Ramachandrapuram, Srirampuram Bangalore – 560021.
3. M. Murthy S/o C. Mohan Ram Aged 28 years R/o # 1/4, 2nd Main Road Ramachandrapuram, Srirampuram Bangalore – 560021.
4. M. Chandrashekar S/o C. Mohan Ram Aged 26 years R/o # 1/4, 2nd Main Road Ramachandrapuram, Srirampuram Bangalore – 560021.
5. Smt. Shilpa W/o M. Murthy Aged 27 years R/o # 1/4, 2nd Main Road Ramachandrapuram, Srirampuram Bangalore – 560021.
(By Sri Sunil S. Rao - Advocate) …Petitioners AND:
1. State of Karnataka By Srirampuram Police Station Bengaluru Represented by State Public Prosecutor High Court of Karnataka, Bengaluru.
2. Sri. C. Shiva S/o Chinnaiah Aged 49 years R/at No.368, 2nd Main Road KHB Colony, Basaweshwaranagar Bengaluru – 560 072.
...Respondents (By Sri. Vijayakumar Majage Additional SPP for R-1; Sri Shankar M. Naik – Advocate for R-2) This Criminal petition is filed under Section 482 Cr.P.C. praying to set aside the order dated 26.08.2015 passed by the VII A.C.M.M., Bangalore in C.C.No. 21699/2015 thereby taking cognizance and directing to register a case against the petitioners and issuing summons against the petitioners for the offence P/U/S 341, 504 and 323 r/w 34 of IPC and quash the charge sheet in C.C.No. 21699/2015 pending on the file of VII A.C.M.M., Bangalore for the offence P/U/S 341, 504 and 323 r/w 34 of IPC.
This Criminal petition coming on for Admission,, this day, the court made the following:
O R D E R Petitioners are before this Court challenging the charge sheet laid against them for the alleged offences punishable under Sections 341, 504, 323 read with 34 of the Indian Penal Code.
2. Heard learned counsel for petitioners and learned Additional SPP appearing for State/respondent No.1 and learned counsel for respondent No.2. Perused the records.
3. The undisputed facts of the case are that second respondent herein filed a private complaint against the petitioners seeking action for the alleged offences punishable under Sections 468, 471, 406, 420, 323 of IPC. The learned Magistrate took cognizance of the offences and recorded the sworn statement of the complainant and by order dated 05.02.2015 directed the police to submit a report under Section 202 of Cr.P.C. Instead of submitting the report before the learned Magistrate, respondent no.1 – police have submitted the charge sheet before the learned Magistrate for the offences punishable under Sections 341, 504, 323 read with Section 34 of IPC. Since, the learned Magistrate had taken cognizance of the offences and has decided to proceed under Chapter XV of Cr.P.C., in the fitness of things, the report ought have been submitted before the learned Magistrate and the learned Magistrate ought to have proceeded in the matter under Section 204 of Cr.P.C. Hence, keeping open all the legal and factual contentions urged by the respective parties, the petition is allowed. The charge sheet laid against the petitioners in C.C.No.21699/2015 for the offences punishable under Section 341, 504, 323 read with Section 34 of IPC is quashed. The investigating officer is directed to submit the report in compliance of the directions issued by the learned Magistrate to the concerned Magistrate and thereafter, the learned Magistrate shall proceed in accordance with law.
Sd/- JUDGE DKB