IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.2878/2015 BETWEEN:
Smt. Sujaya Misra, W/o. Peter Godwin, Aged about 62 years, R/o No.L-3/7, D.L.F. Phase II, Gurgaon – 120 022. ... Petitioner (By Sri. Jagadeesha B.N., Advocate) AND:
Smt. Sushma Haksar, W/o Sushil Haksar, Aged about 66 years, R/o No.44, 2nd Main, Defence Colony, Indiranagar, Bangalore – 560 038. ... Respondent (By Sri. Anand Muttalli, Advocate) This Criminal Petition is filed u/s.482 of Cr.P.C praying to 1) to set aside impugned order dated 19.02.2014 in C.C.No.51812/2014 by which the learned X Addl. Magistrate was pleased to issue of process against this petitioner and etc.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner and learned counsel for the respondent.
2. Though learned counsel for the petitioner has urged large number of contentions touching jurisdiction of the trial Court, but in the course of argument, the learned counsel has confined his submission mainly on non- compliance of the provisions of Section 202 of Cr.P.C. By referring to the private complaint filed by the respondent, the learned counsel has pointed out that the petitioner herein was a resident of Gurgaon. By virtue of Section 202 of Cr.P.C. without holding any enquiry prescribed therein, the learned Magistrate ought not to have issued process to the petitioner. In support of this submission, the learned counsel has placed reliance on the decision of the Hon’ble Supreme Court in ABHIJIT PAWAR VS. HEMANT MADHUKAR NIMBALKAR AND ANOTHER REPORTED IN (2017) 3 SUPREME COURT CASES 528.
3. In view of the ratio laid down in the aforesaid decision and in view of the specific provision contained in Section 202 of Cr.P.C., petition is allowed. Process issued to the petitioner is set aside. Since mandatory requirement of Section 202 of Cr.P.C. is not complied by the learned Magistrate before issuing process, matter is remanded to the learned Magistrate for consideration of the matter afresh and pass appropriate order in compliance of Section 202 of Cr.P.C.
Liberty is reserved to the complainant to amend the complaint and to produce necessary documents in support of the contentions urged in the complaint. All other contentions urged in the petition are left open.
Sd/- JUDGE SV