IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7109 OF 2014 BETWEEN:
1. DR.MAHESH SON OF S. RAMANNA, AGED ABOUT 41 YEARS, 2. SRI S RAMANNA S/O LATE SIDDALINGAPPA, AGED ABOUT 77 YEARS, 3. DR. B.R. PRABHAKAR S/O S. RAMANNA, AGED ABOUT 44 YEARS, ALL ARE RESIDING AT “PRABHU NIVAS”, NO.52/2, 2ND CROSS, 4TH MAIN, NAGAPPA BLOCK, SRIRAMPURAM, BANGALORE-560 021.
... PETITIONERS (BY SRI: NANDA KUMAR B L, ADVOCATE) AND 1. STATE OF KARNATAKA BY SRIRAMPURAM POLICE REP BY SPP HIGH COURT OF KARNATAKA BANGALORE 560001 2. SMT. ANITHA S W/O LATE B.R. SRIDHAR, AGED ABOUT 40 YEARS, R/AT NO.6, YASH APARTMENT, 15TH CROSS ROAD, MALLESHWARAM, BANGALORE 560003 ... RESPONDENTS (BY SRI: NASRULLA KHAN, HCGP FOR R1; SRI: NAGARAJU H.R., ADVOCATE FOR SRI: M.SHARASS CHANDRA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDERS PASSED BY THE VII ADDL.C.M.M., BANGALORE IN C.C.NO.21981/14 IN CRIME NO.19/12 DATED:5.7.14, AT ANNEXURE-G, IN TAKING THE COGNIZANCE FOR THE OFFENCE P/U/SS.354, 506 AND 504 R/W 34 OF IPC, AS AGAINST THE PETRS. 1 TO 3 AND DIRECT TO ACCEPT THE B-REPORT FILED BY THE RESPONDENT POLICE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners are aggrieved by the order dated 6.8.2013 passed by the VII Additional Chief Metropolitan Magistrate, Bengaluru whereby the learned Magistrate has rejected the ‘B’ summary report filed by the respondent – police and has taken cognizance of the offences under Sections 354, 504, 506 r/w.34 of Indian Penal Code and issued summons to the petitioners vide order dt.5.7.2014.
2. The said order is opposed to the procedure laid down by the Hon’ble Supreme Court in Kamalapathi Trivedi – vs – State of West Bengal which has been followed passed by this Court in Dr.Ravikumar – vs – Mrs.KMC Vasantha and Another (Criminal Petition No.536/2017 dated 27/11/2017 reported in ILR 2018 KAR 1725).
3. Hence, the impugned order and the consequent summons issued to the petitioners are liable to be set aside. Accordingly, the petition is allowed. The impugned orders dated 6.8.2013 and 5.7.2014 i.e. rejection of ‘B’ report filed by the respondent – police, taking cognizance of the offences under Sections 354, 504, 506 r/w.34 of Indian Penal Code and issuance of summons to the petitioners are quashed. Matter is remitted to the learned Magistrate to reconsider the ‘B’ summary report in accordance with the procedure contemplated in the above said decision.
All other contentions raised by the parties are left open.
Sd/- JUDGE rs