IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5149/2013 BETWEEN:
1. Smt. Lakshmidevamma, W/o Siddappa, Aged about 60 years, 2. Siddappa, S/o Siddappa, Aged about 65 years, 3. Shiva Kumar, S/o Siddappa, Aged about 40 years, 4. Hanumanthappa, S/o Kasavappa, Aged about 55 years 5. Smt. Bhagyamma, W/o Hanumanthappa, Aged about 35 years, 6. Lakshmaiah, S/o Kasabappa, Aged about 60 years, 7. Smt. Tayamma, W/o Lakshmaiah, Aged about 40 years, 8. Nagarajappa, S/o Garimiddi Anjinappa, Aged about 45 years, 9. Smt. Rathnamma, W/o Nagarajappa, Aged about years, 10. Prabhakara, S/o Narayanappa, Aged about 40 years, 11. Smt. Ashwathamma, W/o Gangadharappa, Aged about 50 years, 12. Smt. Ratnamma, W/o Beerappa, Aged about 35 years, All are residing at Konapura Village, Kasaba Hobli, Gauribidanur Taluk – 561 208.
(By Sri.Gangadharaiah A.N., Advocate) AND:
1. The State Of Karnataka, By Gouribidanur Police, Gouribidanur Taluk – 561 208.
…Petitioners 2. Sri.S.Gangadharaiah, S/o Sreeramappa, Aged about 34 years, Residing at Konapura Village, Kasaba Hobli, Gauribidanur Taluk – 561 208.
...Respondents (By Sri. Vijaya Kumar Majage, Addl. SPP for R1; Sri.Marigowda, Advocate for R2) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to set aside the order passed by the Prl.
C.J. and J.M.F.C., Gauribidanur in C.C.No.306/2013 dated 15.05.2013 (PCR No.116/2010) and quash the entire proceedings etc.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioners have sought to set aside the order passed by the learned Prl. Civil Judge & JMFC., Gauribidanur in C.C.No.306/2013 (PCR No.116/2010) dated 15.05.2013 and to quash the entire proceedings arising therefrom.
2. The brief facts of the case are that respondent No.2 herein has filed a private complaint under Section 200 Cr.P.C., seeking action against the petitioners for offences punishable under Sections 447, 427, 354, 504, 506 r/w Section 149 and 34 IPC. The complaint was referred for investigation under Section 156 (3) Cr.P.C. Upon investigation, the Investigation Officer submitted ‘B’ Summary report before the court. Respondent No.2 filed his protest petition and examined two witnesses on his behalf. Considering the said material, by order dated 15.05.2013, the learned Magistrate rejected the ‘B’ Summary report and took cognizance of the offences punishable under Sections 447, 427, 354, 504, 506 r/w 149 IPC and issued summons to the petitioners. At that stage, petitioners have approached this court seeking to quash the said impugned order, but petitioners have not produced the certified copy of order passed by the learned Magistrate. Instead, the order sheet is produced, which discloses that the said order was pronounced on 15.05.2013.
3. The learned counsel appearing for the second respondent has produced the order passed by the learned Magistrate in the order sheet dated 15.05.2013, which discloses that the learned Magistrate has considered ‘B’ Summary report and also sworn statement of the complainant and his witnesses and after having satisfied himself that prima-facie case has been made out, has taken cognizance of the alleged offences.
4. The impugned order having been passed by the learned Magistrate on consideration of the ‘B’ Summary report and on consideration of the sworn statement of the complainant and his witnesses, I do not find any reasons to interfere with the impugned order. Accordingly, the petition is dismissed.
Sd/- JUDGE Np/-