PRAVEEN RAI Vs. LOKESH POOJARY

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and perused the records.

(2.) The petitioners have challenged the order dated 07.08.2018 passed under Section 204 of Cr.P.C by the learned Magistrate namely, Additional Civil Judge and J.M.F.C. Bantwal, Dakshina Kannada. The learned Magistrate has passed an order in a private complaint after recording the sworn statement of the complainant. After perusal of the complaint averments found that there were sufficient materials to proceed against the accused for the offences punishable under Sections 323, 324, 341, 342, 355, 357, 386, 201 and 219 r/w Section 34 of IPC.

(3.) The said order is challenged mainly on the ground that the complainant has not filed any affidavit in support of the complaint. Secondly, the cognizance was not taken by the learned Magistrate. Further, the proceedings are initiated and issued process against the accused particularly the petitioners herein who are public servants without considering whether sanction under Section 197 of Cr.P.C. and under Section 170 of the Karnataka Police Act, 1963 is an absolute legal requirement before filing of any complaint.