IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5419 OF 2012 BETWEEN:
SRI RAGHAVENDRA S/O LATE NANJUNDAIAH AGED ABOUT 37 YEARS RESIDING AT #004, GROUND FLOOR PRAKRUTHI GANGA APARTMENT NO.2/2, MUTHAPPA BLOCK MLA LAYOUT, R T NAGAR BENGALURU-560009 ... PETITIONER (BY SRI: RAKSHITH KUMAR, ADVOCATE FOR SRIYUTHS R SHIVCHARAN & AJITH A.SHETTY, ADVOCATES) AND 1. SMT INDU JAIN CHAIRPERSON BENNETT COLEMAN & CO LTD NO.7, BAHADUR SHAH ZAFAR MARG NEW DELHI-110002 2. SRI VINEET KUMAR JAIN MANAGING DIRECTOR BENNETT COLEMAN & CO LTD DR DADABHOY NAROROJI ROAD MUMBAI, MAHARASHTRA-400001 3. SRI SAMIR JAIN VICE-CHAIRMAN & PUBLISHER TIMES OF INDIA DR DADABHOY NAROROJI ROAD MUMBAI, MAHARASHTRA-400001 ... RESPONDENTS (BY SRI: SANDEEP S.SHAHAPUR, ADVOCATE FOR SRI:C H HANUMANTHARAYA, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 17.08.2012 PASSED BY THE P.O., F.T.C. (SESSIONS)-XI, BANGALORE IN CRL.R.P.NO.19/2012 AS PER DOCUMENT NO.1 AND THUS CONFIRM THE ORDER DATED 27.08.2011 PASSED BY THE VIII A.C.M.M., BANGALORE IN C.C.NO.27521/2011.
THIS CRL.P COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioner and learned counsel for respondents.
2. Petitioner is aggrieved by the order passed by the Presiding Officer, Fast Track Court (Sessions) – XI, Bengaluru dated 17.08.2012 in Criminal Revision Petition No.19/2012 whereby the learned Sessions Judge has set side the order issuing process to the respondents herein and remitted the matter to the Trial Court with a direction to hold enquiry as per Section 202 of Cr.P.C. (Amended Act, 2005) and Section 204(2) of Cr.P.C.
3. The said order is in consonance with Sections 200 / 202 of Cr.P.C. All the respondents/accused are residing beyond the territorial limits of the learned Magistrate, before whom complaint was filed. Under the said circumstance, learned Magistrate was required to hold enquiry as contemplated under Section 202 of Cr.P.C. before proceeding in the matter. Impugned order does not warrant interference.
Accordingly, the petition is dismissed.
Sd/- JUDGE rs