U SHIVANNA Vs. L ANJANAPPA

JUDGEMENT

(1.) THE first respondent filed a private complaint under Section 200 of Cr. P. C. before the Additional Chief Judicial Magistrate, Bangalore rural District, Bangalore, alleging offences punishable under Sections 167, 403, 406, etc. The Magistrate before whom the complaint was placed, directed the counsel for the complainant to produce all the documents. After taking cognizance of the offences alleged, learned magistrate recorded the sworn statement and marked certain documents and posted the matter for further orders. The learned magistrate thereafter found it necessary for investigation of the case by the police. Therefore, acting under Section 202 of Cr. P. C. , the jurisdictional Dy. S. P. was directed to investigate the case and file a report.

(2.) THE Dy. S. P. on receipt of the copy of the complaint, without the order of the Court registered a criminal case against the petitioners under Sections 167, 403, 406, etc. in Crime No. 161/ 2000 of the concerned Police Station.

(3.) AGGRIEVED by the order of the Magistrate rererring the complaint under Section 202 of Cr. P. C. and a registration of the criminal case by the police against the petitioners, they approached this Court, requesting this Court to quash the proceedings.