IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.677/2016 BETWEEN:
Madhusudana Somayaji, S/o.Haridasa Somayaji, Aged about 63 years, Working at Sampige Nursing Home, Sampige Road, K.R.Puram, Hassan-573 201. ... PETITIONER (By Sri. M.Sharass Chandra, Advocate) AND:
1. State of Karnataka by Extension P.S., Hassan-573 201.
2. Zulfakar, S/o.Late H.A.Mukthar, Member of Clean India Chaluvali, P.B.No.22, Hassan-573 201. …RESPONDENTS (By Sri.Vijayakumar Majage, Addl. SPP for R1; R2 served and unrepresented) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the FIR in PCR No.100/2015(Cr.No.72/2015) of respondent - Extension Police Hassan, which is pending on the file of the Prl.Civil Judge and JMFC Court at Hassan District for offences p/u/s 199, 200, 409, 420 r/w 34 of IPC against the petitioner/accused.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
O R D E R Heard learned counsel for petitioner and learned Additional SPP for respondent No.1. Respondent No.2 is served and unrepresented. Perused the records.
2. The only contention urged by the learned counsel for the petitioner is that the learned Magistrate has committed an error in referring the complaint for investigation under S.156(3) of Cr.P.C. and that the said order is contrary to the law laid down by the Hon'ble Supreme Court in Mrs. PRIYANKA SRIVASTAVA AND ANOTHER Vs. STATE OF U.P. AND OTHERS, reported in 2015 Crl. L.J. 2396.
3. On perusal of the order sheet maintained by the Trial Court, it is noticed that initially on presentation of the complaint, an order was passed by the Prl. Civil Judge and JMFC, Hassan directing the complaint for investigation under S.156(3) of Cr.P.C. to PSI of Hassan City Police Station. However, later having realised that the Prl. Civil Judge and JMFC, Hassan had no jurisdiction over the matter, the file was made over to IV Addl. Court, Hassan. The IV Addl. Civil Judge & JMFC, Hassan, by Order dated 04.11.2015, referred the matter for investigation under S.156(3) of Cr.P.C. to PSI, Extension Police.
4. Learned counsel for the petitioner has taken up a plea that the private complaint filed by the 2nd respondent is not in accordance with the guidelines laid down by the Hon'ble Supreme Court in PRIYANKA SRIVASTAVA’S case(supra). The said Judgment was pronounced on 19.03.2015 whereas the private complaint in this case was filed on 31.01.2015. Therefore the petitioner cannot be expected to comply with the directions issued by the Hon'ble Supreme Court subsequent to the filing of the private complaint. Further, on going through the order sheet, I find that the accused has appeared before the Court even before issuance of the summons by the Trial Court. There is nothing in the order sheet to show that any summons was issued to accused No.1. However, as the order passed by the learned Magistrate referring the complaint for investigation under S.156(3) of Cr.P.C. does not reflect any application of mind, to this extent the impugned order passed by the learned Magistrate dated 04.11.2015 directing investigation under S.156(3) of Cr.P.C. is quashed.
The matter is remitted to the IV Addl. Civil Judge and JMFC, Hassan for consideration of the private complaint afresh in accordance with law.
Liberty is reserved to the complainant to amend the petition / complaint, if desired.
The petition stands disposed of in the above terms.
sac* Sd/- JUDGE