S. A. RAMADAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. is filed against the revisional order passed by the VII Additional Sessions Judge, Mysuru, in Criminal Revision Petition No.112/2007 dated 09.05.2018 whereby the learned Sessions Judge has set aside the 'B' summary report filed by the Investigating Officer and has directed the learned Magistrate to deal with the matter afresh in accordance with law after taking cognizance on the protest petition filed by the petitioner/complainant.

(2.) I have heard the learned counsel for petitioner and learned HCGP for respondent No.1.

(3.) The contention of the petitioner is that the offence alleged against the petitioner related to the year 1987-93. The delay in initiating criminal action has not been explained by the complainant. The Investigating Officer has clearly opined that it is not possible to verify the correctness of the charges leveled against the petitioner at this length of time. The protest petition filed by the complainant does not disclose the facts constituting the ingredients of the offence alleged against the petitioner. The complainant did not aver that the protest petition is to be treated as complaint. Therefore, the revisional Court has committed an error in setting aside the order of the learned Magistrate and remanding the case for fresh consideration.