LAGAMANNA GANGAPPA SAFAGERE Vs. LAXMAN

JUDGEMENT

(1.) THIS revision petition is filed against the order passed by the learned Addl. Sections Judge, Belgaum, in Crl. Revision No. 221/1997 dated 29. 1. 2000 allowing the revision filed by respondents-1 and 2 and setting aside the order passed by the learned J. M. F. C. Raibag in Summary Case No. 31/1995 dated 21. 2. 1997.

(2.) THE revision Petitioner filed a private complaint against the respondents for offences under Section 147, 148, 504 and 506 read with Section 149 I. P. C. in the Court of Judicial Magistrate First Class, rabag. The learned Magistrate referred the said complaint for investigation under Section 156 (3) Cr. P. C. to the jurisdictional P. S. I, by his order dated 9. 8. 1994. After completing the investigation, B report was submitted by the police to the Court in the year 1996. The learned Magistrate accepted the B report on 27. 03. 1996. On coming to know about the acceptance of the B report, the revision petitioner/complainant set a registered letter dated 20. 2. 1997 to the court of J. M. F. C. Raibag seeking for permission to prosecute the complaint. The learned Magistrate, after considering the matter directed notice to the complainant to appear before the Court and to make his submissions, if any. The said order passed by the learned magistrate has been challenged by respondents-1 and 2 in crl. Revision No. 221/1997 before the learned Sessions Judge, belgaum. The learned Session Judge, by the impugned order passed held that the learned Magistrate has no jurisdiction to recall the earlier order passed by him and to re-open the mater since the said Court has no inherent power to take any such steps. The learned session judge, therefore, allowed the said revision petition and set-aside the order of the learned Magistrate directing issue of notice on 21. 2. 1997 to the complainant and has also quashed all further proceedings in the case. The legality of the said order has been challenged now by the complainant in the present proceedings.

(3.) I have heard the arguments advanced by the learned Counsel appearing on both sides.