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.7621 OF 2013 BETWEEN:
1. Sri.Ram Lal Luthra S/o late Sri.Tek Chand Luthra Aged about 55 years Residing at No.249-C Jal Vayu Vihar Kammanahalli Main Road Bangalore – 560 043.
2. Smt.Smriti Luthra D/o Sri.Ram Lal Luthra Aged about 27 years Residing at No.249-C Jal Vayu Vihar Kammanahalli Main Road Bangalore – 560 043.
…Petitioners (By Sri.K.Narayana, Advocate) AND:
1. State of Karnataka by Banaswadi Police Station Bangalore – 560 046.
2. Sri.Dweep Kumar Sharma S/o Sri.Bharat Bhushan Aged about 27 years Residing at No.G-05 Metta Residency Kammanahalli Main Road Bangalore – 560 043.
(By Sri.Nasrulla Khan, HCGP for R-1 ...Respondents Sri.Kiran Sebastian Rozario, Advocate for R2-Absent) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the order dated 22.06.2013 registration of the case registered against the petitioners herein in PCR No.51458/2013 and in Crime No.463/2013 registered by the Banaswadi Police, pending on the file of the XI Addl.C.M.M., Bangalore, for the offences p/u/s 496, 500, 34, 120B, 420, 417 of IPC, be quashed as the petitioners are concerned.
This Criminal Petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioners have sought to quash the order dated 22.06.2013 in PCR No.51458/2013. The said order reads as under:-
“Complainant present. Advocate for complainant present. Heard. Office to register the case. Complaint is referred to SHO of Banasawadi P.S. for investigation u/s 156(3) Cr.P.C. and report. Call on 6.12.13.”
2. Heard the learned counsel for the petitioners and learned counsel for respondent No.1 and Counsel for Respondent No.2 is absent.
3. Since the learned Magistrate has failed to advert his mind to the facts of the case and has not applied his mind before referring the matter for investigation under Section 156 (3) of Cr.P.C. and has not followed the requirements laid down by the Hon’ble Supreme Court in the case of Maksud Saiyed vs. State of Gujrath and others reported in (2008) 5 SCC 668, this petition is allowed. The matter is remanded back to the learned Magistrate to reconsider the complaint in accordance with law in the light of the above decision.
Sd/- JUDGE Prs*