RAMACHANDRA GUDI Vs. ANANTHA RAMACHARYA GUDI

JUDGEMENT

(1.) HEARD both sides.

(2.) BY this petition under S. 482, Cr. P. C. , the two petitioners herein have prayed that the order dated 31-8-2000 of the learned Magistrate made in Cr. Misc. No. 65/2000 on his file directing issuance of process, may be quashed. A few material facts leading to this petition may be stated as under : A private complaint under S. 200, Cr. P. C. , alleging commission of offences under Ss. 143, 147, 323, 448, 504 and 506 read with S. 149 of I. P. C. was lodged before the learned Magistrate by one Bindu Madhav against petitioner No. 1-Ramachandra Gudi herein and four others. That complaint was taken on the file of the learned Magistrate viz. , JMFC, Haveri in P. C. R. No. 35/97. Petitioner No. 2 was the complainant's witness therein. The learned Magistrate after taking cognizance of the said offences proceeded to record the sworn statement of petitioner No. 2 and other witnesses of the complainant. Thereafter, the process against petitioner No. 1 and other accused in the said P. C. R, No. 35/ 97 was stated to have been issued. Aggrieved by the initiation of the said criminal proceeding in the said P. C. R. No. 35/97, the accused in P. C. R. No. 35/97 had filed a petition under S. 482, Cr. P. C. before this Court in Crl. P. No. 2000/1999 seeking quashment of the said criminal proceeding against them. This Court, on consideration of the material obtainable on record in that proceeding, passed its order dated 6th June, 2000 allowing the said petition and quashing the said criminal proceedings in P. C. R. No. 35/ 97 against the accused therein.

(3.) AFTER the said order dated 6th June, 2000 was passed by this Court disposing of the said Crl. P. No. 2000/1999, respondent herein who is a practicing Advocate of Haveri Bar Association made his so-called complaint under S. 340 read with S. 195 (1) (b) (i) of Cr. P. C. before the learned Magistrate in the said Cr. Misc. No. 65/2000 against petitioner No. 1 herein, alleging commission of the offence under S. 193, I. P. C. and requesting that they may be punished for the said offence. The said complaint was made on the ground that the petitioner No. 1 had given a false statement in the said P. C. R. No. 35/97.