LAWS(SC)-1999-12-132

CHANNAVEERA GOWDA Vs. SANNE GOWDA

Decided On December 06, 1999
CHANNAVEERA GOWDA Appellant
V/S
SANNE GOWDA Respondents

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) The complainant assails the order of the High Court passed in exercise of its jurisdiction under Section 482 Criminal Procedure Code. quashing the order of the Magistrate issuing process. On the basis of an enquiry by the Investigating Officer on a final form being filed, the complainant filed the protest petition The Magistrate treated the same as a complaint and after examining the complaint and the two witnesses, took cognizance and directed issuance of process. The accused persons moved the High Court under Section 482. The High Court by the impugned order reviewing the evidence of the witnesses examined on behalf of the complainant came to hold that they are not reliable and therefore, the High Court interfered with the order of the Magistrate issuing process. It is this order which is being assailed in the present appeal.