The Manager And Anr vs New Town P.S Bidar & Anr on 14 December, 2018

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Karnataka High Court

The Manager And Anr vs New Town P.S Bidar & Anr on 14 December, 2018

Bench: John Michael Cunha

                            1


              IN THE HIGH COURT OF KARNATAKA
                     KALABURAGI BENCH

            DATED THIS THE 14TH DAY OF DECEMBER 2018

                          BEFORE

        THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

            CRIMINAL PETITION NO.200972 OF 2017

BETWEEN:-

1. THE MANAGER
   SRIRAM CHITS (KARNATAKA) PRIVATE LIMITED
   NEAR OLD BUS STAND, BIDAR
   TQ. & DIST. BIDAR

2. THE CHIEF MANAGER
   SRIRAM CHITS (KARNATAKA) PRIVATE LIMITED
   NEAR OLD BUS STAND, BIDAR
   TQ. & DIST. BIDAR
                                         ... PETITIONERS

(BY SRI A.M. NAGRAL, ADVOCATE)

AND:-

1. NEW TOWN P.S. BIDAR
   REPRESENTED BY ADDL. SPP
   ADVOCATE GENERAL OFFICE
   KALABURAGI - 585 101

2. SRI TRIMBAKAPPA S/O MADAPPA
   MANGALURE, MADNOORKAR
   AGE: 65 YEARS, R/O BHALKI
   TALUK: BHALKI, DIST. BIDAR
                                         ... RESPONDENTS

(SRI P.S. PATIL, HCGP FOR R1;
 SRI SHARANABASAPPA K. BABSHETTY, ADV. FOR R2)
                                   2


      THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.,
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIMINAL
CASE IN RELATION TO P.C.NO.184/2016 BASED ON A PRIVATE
COMPLAINT FILED BY THE 2ND RESPONDENT PENDING ON THE
FILE OF II ADDL. CJ AND JMFC II AT BIDAR, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 406, 420, 504, 500 R/W 34 OF
IPC AND ORDER DATED 01.12.2016 REFERRING THE CASE FOR
INVESTIGATION AS CONTEMPLATED UNDER SECTION 156(3) OF
CRIMINAL PROCEDURE CODE.

    THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-

                            ORDER

Though the matter is listed for admission, with the consent of learned counsel for the parties, the same is taken up for final disposal.

2. This petition is filed under Section 482 of Cr.P.C. The petitioner has sought to quash the proceedings in P.C.No.184/2016 on the ground that the cognizance taken by the Trial Court is not in accordance with law and that the Trial Court has failed to adhere to the guidelines issued by the Hon'ble Supreme Court in PRIYANKA SRIVASTAVA AND ANOTHER Vs. STATE OF UTTAR PRADESH AND OTHERS [(2015) 6 SCC 287]

3. The impugned order reads as follows:- 3

"Complainant and his Adv. presented the complaint U/s 200 CR.P.C for the offence under section 406, 420, 500, 504 R/w 34 of IPC. Perused. Register the same as PC and matter is referred to concerned P.S for investigation purpose. Await report 02/02/2017."

4. This order on the face of it indicates that the learned Magistrate has not applied his mind to the facts of the case. The complaint is not supported by the affidavit as laid down by the Hon'ble Supreme Court in the above decision. In view of these illegalities, the impugned order cannot be sustained and is liable to be set aside.

5. Hence, the following order:-

The petition is allowed. The order dated 01.12.2016 passed by the 2nd Addl. CJ & JMFC-II at Bidar in P.C.No.184/2016 and the consequent proceedings taken thereon are hereby quashed. The matter is remanded to the Trial Court.

The complainant is at liberty to rectify the complaint in terms of the guidelines of the Hon'ble Supreme Court in para Nos.30 and 31 of the judgment cited supra. 4

All the contentions of the respective parties are left open. The complainant may appear before the Trial Court on 15.01.2019.

Sd/-

JUDGE LG

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