IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2513 OF 2013 BETWEEN:
1. SRI M S UMESH AGED ABOUT 48 YEARS, # 148/1, FIRST CROSS, KABEER ROAD, MANDI MOHALLA, MYSORE 570002 SECRETARY, STATE BANK OF MYSORE AND OTHER BANK EMPLOYEES WELFARE SOCEITY 2. SRI H.S.NANJUNDASWAMY AGED ABOUT 56 YEARS, # 1481/2, FIRST CROSS, KABEER ROAD, MANDI MOHALLA, MYSORE 570002 PRESIDENT STATE BANK OF MYSORE AND OTHER BANK EMPLOYEES WELFARE SOCIETY 3. SRI. SHASHIDHAR AGED ABOUT 42 YEARS, S/O KENCHAPPA, # 1481/2, FIRST CROSS,KABEER ROAD, MANDI MOHALLA, MYSORE 570002 WORKING FOR STATE BANK OF MYSORE AND OTHER BANK EMPLOYEES WELFARE SOCIETY 4. SRI GOVINDAA @ GOVINDEGOWDA AGED ABOUT 46 YEARS, # 1481/2, FIRST CROSS, KABEER ROAD, MANDI MOHALLA, MYSORE 570002 WORKING FOR STATE BANK OF MYSORE & OTHER BANK EMPLOYEES WELFARE SOCIETY ... PETITIONERS (By Sri:RAVINDRA BABU. G FOR M V HIREMATH, ADV., ) AND 1. STATE OF KARNATAKA BY KUVEMPU NAGAR POLICE STATION, MYSORE- 570 023.
2. SRI G.R.DORESWAMY S/O LATE G.A. RAMASWAMY, AGED ABOUT 53 YEARS, RESIDING AT NO.2, 27TH BLOCK, MADHUVANA LAYOUT, SRIRAMPURA 2ND STAGE, MYSORE – 570 023.
... RESPONDENTS (By Sri:NASRULLA KHAN, HCGP FOR R1 ABUBACKER SHAFI, ADV., FOR R2 ABSENT ) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO: 1) QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.3143/2012 (PCR NO.234/2012) PENDING BEFORE THE C.J. (JR. DN.) & J.M.F.C., MYSORE. 2) QUASH THE ORDER DATED 28.11.2012 TAKING COGNIZANCE OF THE CASE AND DIRECTING THE OFFICE TO REGISTER CRIMINAL CASE INTER ALIA AGAINST THE PETITIONERS. 3) QUASH THE ORDER DATED 28.11.2012 DIRECTING THE 1ST RESPONDENT TO INVESTIGATE THE CASE.
THIS CRL.P COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners are aggrieved by the order dated 02.02.2012 passed by the learned Magistrate directing the complaint for investigation to the jurisdictional police station under Section 156(3) Cr.P.C. The impugned order reads as under:-
02.02.2012 Complainant present. Heard the complaint. The matter is referred to the jurisdictional Police Station for investigation by exercising the power confirmed under Section 156(3) of Cr.P.C. Call on 29.02.2012.
It is now well settled that even at the stage of referring the complaint for investigation by the police, learned Special Judge is required to apply his judicious mind and ascertain as to whether the allegations made in the complaint make out any cognisable or non- cognisable offence requiring investigation by the police or any other authorities. In MAKSUD SAIYED vs. STATE OF GUJARAT AND OTHERS, (2008) 5 SCC 668, the Hon’ble Supreme Court has 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 jurisdictional Police under Section 156(3) Cr.P.C. and the consequent charge sheet laid against the petitioners is liable to be set aside.
Accordingly, the petition is allowed. The impugned direction dated 02.02.2012 referring the complaint for investigation by the jurisdictional Police under section 156(3) Cr.P.C. and the consequent charge sheet laid against the petitioners in C.C.No.3143/2012 is hereby set-aside. The matter is remitted to the learned Magistrate to pass appropriate orders on the complaint filed by the second respondent in accordance with law.
Sd/- JUDGE *mn/-