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.6314 OF 2012 BETWEEN:
1. SMT. NALINI M.SHETTY W/O LATE MOHANDAS SHETTY AGED ABOUT 62 YEARS R/O NO.472, ‘E’ BLOCK 11TH MAIN, 8TH CROSS J.P.NAGAR, MYSURU NOW RESIDING AT POORNESHWARI ESTATE BIDRE VILLAGE AND POST KHANDYA HOBLI CHIKMAGALUR TQ AND DISTRICT – 577 132 2. GURU S/O SUNDAR SHETTY MAJOR DRIVER-CUM-WRITER R/O BIDRE VILLAGE AND POST KANDYA HOBLI CHIKMAGALUR TQ AND DISTRICT – 577 132 3. HUSSAIN S/O H.AHMED WRITER R/O POORNESHWARI ESTATE BIDRE VILLAGE AND POST KHANDYA HOBLI CHIKMAGALUR TQ AND DISTRICT – 577 132 …PETITIONERS (BY SRI. N.R.RAVIKUMAR, ADV.,) AND:
SMT. JAYALAKSHMISHETTY W/O CHANDRASHEKARSHETTY MAJOR R/O MUTTIKAL HOUSE PUTTUR TOWN, D.K.DISTRICT NOW RESIDING AT POORNESHWARI ESTATE BIDRE VILLAGE AND POST CHIKMAGALUR TQ AND DISTRICT – 577 132 …RESPONDENT (BY SRI A.H.BHAGAVAN, ADV.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 25.04.2008 ON THE FILE OF PRL.C.J. (JR.DN.) & JMFC, CHIKMAGALUR IN C.C.NO.811/2008 (CR.NO.190/2004), AND QUASH ALL ITS ENTIRE PROCEEDINGS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners have sought to quash the proceedings pending against them in C.C.No.811/2008 (Crime No.190/2004) on the file of Prl. Civil Judge (Jr.Dn.) at Chikmagalur, for the offences punishable under Sections 447, 504, 506 read with Sections 34 and 120(B) of IPC.
2. Heard learned counsel appearing for the petitioners and learned counsel appearing for the respondent.
3. Though the petitioners have urged large number of grounds in the petition, in the course of arguments, the learned counsel for the petitioners has confined his arguments on the order passed by the learned Magistrate dated 25.04.2008.
4. The said order is not in consonance with the guidelines issued by the Hon’ble Supreme Court in Kamalapati Trivedi v. State of West Bengal [(1980) SCC 91], which is followed by this Court in Dr. Ravikumar v. Mrs. K.M.C.Vasantha and Another (ILR 2012 KAR 1725). As per the law expounded by the Apex Court and this Court, the learned Magistrate was requested to consider the ‘B’ report and pass appropriate orders either accepting or rejecting the ‘B’ report and thereafter proceed to record the sworn statement of the witnesses. Since this procedure has not been followed by the learned Magistrate, the order directing summons to the petitioners and the consequent proceedings conducted by the learned Magistrate cannot be sustained.
5. Accordingly, the petition is allowed. The order dated 25.04.2008 in C.C.No.811/2008 (Crime No.190/2004) pending on the file of Prl. Civil Judge (Jr.Dn.) at Chikmagalur, is set aside. The matter is remitted to the learned Magistrate to re-consider the ‘B’ summary report in the light of the guidelines laid down in the above decisions. The complainant shall appear before the learned Magistrate on 14.06.2019.
Since the matter is of the year of 2012, the learned Magistrate shall expedite the proceedings as per law.
Sd/- JUDGE cp*