BALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition under Section 482 of Code of Criminal Procedure is filed by Petitioner Nos. 1 and 2 herein who are Respondents (accused) in Crl. Misc. No. 12/2009 on the file of the learned Prl. JMFC, Jamkhandi, District Bagalkot seeking an order quashing the entire proceedings in the said case.

(2.) I have heard the arguments of Sri. S.B. Hebballi, learned Counsel for the Petitioners and Sri. P.H. Gotkhindi, learned High Court Government Pleader. Perused the order impugned dated 23.12.2009 passed in the said case in the order sheet for that date. Also perused the common judgment dated 21.12.2009 passed in OS Nos. 324/2000 and 52/2001 by the learned Civil Judge (Sr. Dn.), Jamkhandi directing registration of a criminal case against the Petitioners herein for the offences under Sections 196 and 208 of IPC.

(3.) Sri. H.B. Hebballi, learned Counsel for the Petitioners-accused strongly contends that the learned Prl. JMFC, Jamkhandi, (hereinafter referred to as 'Magistrate' for short) committed serious error in registering the said Criminal Miscellaneous case against these Petitioners without there being a complaint in writing as provided under Section 340 of Code of Criminal Procedure and therefore, the order dated 23.12.2009 passed in the said Criminal Misc. Case by the learned Magistrate issuing notice to these Petitioners and all further proceedings pursuant thereto deserve to be quashed. He further contends that the learned Civil Judge (Sr. Dn.) committed error in directing registration of the criminal case against these Petitioners for the offences under Sections 196 and 208 of IPC in as much as he failed to comply with the provisions of Section 195 of Code of Criminal Procedure, which are mandatory. He further contended that before directing registration of the criminal case against these Petitioners in the said common judgment, the learned Civil Judge (Sr. Dn.) did not apply his mind and did not state in his order that it is expedient in the interest of justice that an enquiry should be made into for the said offences and therefore, registration of the said criminal miscellaneous case pursuant to the said direction of the learned Civil Judge (Sr. Dn.) cannot be sustained in law.