IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6628/2017 BETWEEN:
Smt. Suha W/o. Shagil Firdose Aged about 37 years R/o: No.373, E.W.S 16th Cross, Kuvempu Nagar Hassan – 573 201 …Petitioner (By Sri Bharath Kumar V., Advocate) AND:
1. State of Karnataka Through Station House Officer Hassan Extension Police Station Hassan – 573 201 Represented by:
State Public Prosecutor Hon’ble High Court of Karnataka Bengaluru – 560 001 2. Mr. Sagil Firdose S/o. Late Abdul Hak Aged about 29 years R/at: Opp. A.T.P. Hall Ameer Mohalla Hassan – 573 201 ...Respondents (By Sri Vijayakumar Majage, Addl., SPP for R1; Sri Sudharshan L., Advocate for R2) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the complaint bearing PCR No.1311/2016 preferred by the respondent No.2, wherein the petitioner herein is arraigned as accused No.1 for the alleged offences u/S 465, 417, 420, 468, 471, 504, 506 r/w 34 of IPC pending before the Hon’ble IV Additional Civil Judge and JMFC Hassan (Annexed Vide Annexure- A) and etc.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard the learned counsel for petitioner.
2. Petitioner is aggrieved by the order dated 28.11.2016 whereby the learned Magistrate has referred the private complaint filed by respondent No.2 for investigation under Section 156(3) of Cr.P.C. The said order does not reflect any application of mind by the learned Magistrate as held by the Hon’ble Supreme Court in Maksud Saiyed .vs. State of Gujarat and others (2008) 5 SCC 668. The learned Magistrate has also failed to ensure compliance of the requirements of the guidelines laid down by the Hon’ble Supreme Court in PRIYANKA SRIVASTAVA AND ANOTHER vs. STATE OF UTTAR PRADESH AND OTHERS reported in (2015) 6 SCC 287.
3. In view of this legal defects, the impugned order and consequent registration of FIR in Crime No.331/2016 are liable to be quashed.
4. Accordingly, the petition is allowed. The impugned order dated 28.11.2016 passed by the IV Additional Civil Judge(Jr.Dn.) and JMFC, Hassan, in PCR.No.1311/2016 and consequent registration of FIR in Crime No.331/2016 with the respondent Police are quashed.
5. The matter is remanded to the learned Magistrate to consider the private complaint afresh in the light of the guidelines laid down in the light of the above decisions.
Sd/- JUDGE *alb/-.