IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6120/2013 BETWEEN:
Ganapathi P. Bhat, S/o. Parameshwara Bhat, Aged about 58 years, R/o Sri. Raghavendraswamy Mutt, Gandhinagar, Sagar Town – 577 401. ... Petitioner (By Sri. B.S. Prasad, Advocate) AND:
1. State of Karnataka, By its Sagar Town Police Station, Sagar – 577 401.
2. Hitakara Jain, Aged about 36 years, Editor, Printer and Publisher of “Suvarna Prabha”, A Kannada Daily Newspaper, 2nd Cross, G.P. Road, Sagar Town – 577 401. ... Respondents (By Sri. Vijaya Kumar Majage, Addl. SPP for R1; R2 served and unrepresented) This Criminal Petition is filed u/s.482 of Cr.P.C praying to quash the order dated 16.10.2012 passed by the Civil Judge (Jr.Dn.) & JMFC, Sagar in PCR No.41/2011.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner and learned Addl. SPP for respondent No.1. Respondent No.2 is served and unrepresented.
2. The only grievance raised by the petitioner is that the complaint lodged by him against respondent No.2 was referred for investigation under Section 156(3) of Cr.P.C. The concerned police submitted a ‘B’ final report. The learned Magistrate issued notice to the complainant directing him to appear on 15.10.2012. But, the matter was called on 16.10.2012. Noting the absence of the complainant, the ‘B’ final report was accepted without affording an opportunity to the petitioner to submit his protest petition.
3. A perusal of the order sheet reveals that on receiving the ‘B’ final report dated 10.09.2012, notice was ordered to the complainant for his appearance on 15.10.2012. The order sheet reveals that the case was not called on 15.10.2012, but was called on 16.10.2012. Under the said circumstance, an opportunity ought to have been given by the learned Magistrate for submission of the objection to the ‘B’ report. Learned Magistrate has straight away accepted the ‘B’ report without even looking into the contents of the ‘B’ report. Under the said circumstances, the impugned order cannot be sustained.
Consequently, the petition is allowed. Impugned order dated 16.10.2012 passed by the learned Magistrate in PCR No.41/2011 is quashed. Petitioner shall file his protest petition, if any, to the ‘B’ final report within 30 days from today. In such event, he shall appear before the learned Magistrate on 13.05.2019 without any further notice to take further orders in the matter.
Sd/- JUDGE SV