IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.3394/2017 BETWEEN :
1. SRI MOODLAIAH S/O LATE NANJUNDAIAH AGED ABOUT 60 YEARS 2. SRI G.GANGAIAH S/O LATE NANJUNDAIAH AGED ABOUT 65 YEARS 3. SRI M.VENKATESH S/O LATE MUDDEGOWDA AGED ABOUT 52 YEARS ALL THE PETITIONERS ARE RESIDING AT: GOLLAHALLI VILLAGE KUDOOR HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 561 101. (BY SRI H.R.SANJEEVE GOWDA, ADV.) AND :
1. STATE BY KUDOOR POLICE STATION KUDOOR, MAGADI TALUK RAMANAGARA DISTRICT – 561 101.
ALSO REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT BENGALURU – 560 001.
…PETITIONERS 2. SRI HANUMANTHARAYAPPA S/O LATE RAMANNA AGED ABOUT 40 YEARS RESIDING AT: GOLLAHALLI VILLAGE KUDOOR HOBLI MAGADI TALUK RAMANAGARA DISTRICT – 561 101.
PRESENTLY RESIDING AT: ANJANANAGARA VISHWANEEDAM POST YESHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 091.
(BY SRI S.RACHAIAH, HCGP FOR R1; SRI RAVISHANKAR S., ADV. FOR R2) ***** …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS INITIATED BY THE PRINCIPAL CIVIL JUDGE (JR. DN.) AND JMFC, MAGADI IN PCR NO.89/2016.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners and respondent No.2 and also the learned HCGP appearing for respondent No.1-State.
2. Though there is some procedural irregularity committed by the Principal Civil Judge (Junior Division) and JMFC., at Magadi that, without taking cognizance on the private complaint, the learned Magistrate proceeded to record the sworn statement and thereafter referred the matter for investigation under Section 156(3) of Cr.P.C.
3. The learned Magistrate has no jurisdiction to record the sworn statement without taking cognizance. Therefore, the said statement becomes redundant. It is also clear from the records that after reference to the police under Section 156(3) of Cr.P.C., the police have already submitted the B-report before the jurisdictional Court. The Court neither passed any order on the B- report nor taken any cognizance in the matter against the petitioners. Therefore, the matter is too premature so far as the petitioners are concerned.
Under the above said circumstances, petition is dismissed with liberty to the petitioners to approach this Court if any adverse order is passed by the learned Magistrate without any basis.
Sd/- JUDGE *ck/-