IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3604 OF 2012 BETWEEN:
1. KADIAMADA M.SOMAIAH, S/O. LATE MUTHANNA, 76 YEARS, 2. KADIAMADA S.DEVAIAH, S/O. SRI.K.M.SOMAIAH, 44 YEARS, ACCOUNTS & ADMINISTRATIVE MANAGER, ASTRA EXPORTS, S-5, II FLOOR, “RED CROSS BHAVAN”, 26, RACE COURSE ROAD, BENGALURU – 560 001.
3. KADIAMADA S.BOPANNA, S/O. SRI.K.M.SOMAIAH, 42 YEARS, 4. KADIAMADA S.MADHU, S/O SRI.K.M.SOMAIAH, 39 YEARS, NO.117, 14 “D” CROSS, A.K.M.PLAZA, CHURCH STREET, EJIPURA, VIVEKNAGAR, BENGALURU – 560 047.
5. KADIAMADA S.MANU, S/O SRI.K.M.SOMAIAH, 39 YEARS, NO.552, 8TH CROSS, 11TH MAIN, K.C.LAYOUT, NAZARBAD, MYSURU – 570 011.
6. KADIAMADA S. BHARATH, S/O SRI.K.M.SOMAIAH, 38 YEARS, PETITIONER NOS.1, 3 AND 6 ARE RESIDENTS OF KOTHOOR VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT. …PETITIONERS (BY SRI. S.G.BHAGAVAN, ADV., FOR P2, P3 AND P6) SRI.PRABHUGOUD B.TUMBIGI, ADV., FOR P1, P4 AND P5) AND:
1. KADIAMADA U.MANDANNA, S/O LATE K.M.UTHAPPA, 50 YEARS, C/O. P.B.SHEKAR, “KWALITY”, KARIKERI VILLAGE AND POST, VIRAJPET TALUK, KODAGU.
2. THE STATE OF KARNATAKA, BY THE SUB-INSPECTOR OF POLICE, MADIKERI TOWN POLICE STATION, MADIKERI. …RESPONDENTS (BY SRI.N.SHIVAKUMAR, ADV., FOR R1 – ABSENT; SRI.NASRULLA KHAN, HCGP FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.433/2012 IN THE COURT OF THE PRINCIPAL/ADDL. CIVIL JUDGE AND J.M.F.C., MADIKERI.
THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioners and learned HCGP for respondent No.2-State. Learned counsel for respondent No.1 is absent.
2. The principal contention urged by the learned counsel for the petitioners is that the order directing investigation by the Police under Section 156(3) of Cr.P.C. is violative of the provisions of Criminal Procedure Code.
3. The learned counsel has placed reliance on the Judgment passed by the Hon’ble Supreme Court in MAKSUD SAIYED v. 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 Magistrate having failed to apply his mind to the facts of the case, in my view, the impugned order directing investigation by the Police under Section 156(3) Cr.P.C. and the consequent registration of the FIR is liable to be set-aside.
4. The petition is allowed. The order dated 31.08.2010 directing investigation by the Police and the consequent investigation and the registration of the proceedings in C.C.No.433/2012 are quashed. The matter is remitted to the learned Magistrate to consider the complaint afresh in the light of the observations made in this order.
Sd/- JUDGE cp*