A B GANAPATHY, S/O. A.C. BOPANNA Vs. THE STATE OF KARNATAKA BY ITS DEPUTY SUPERINTENDENT OF POLICE, KOPPA DIVISION KOPPA, CHIKMAGALUR DISTRICT, JAIPUR POLICE BY ITS INSPECTOR OF POLICE, JAYAPURA, KOPPA TALUK. CHIKMAGALUR DISTRICT AND SRI. APPU.

JUDGEMENT

(1.) THIS petition is filed seeking to quash the proceedings in Spl.C.C.No. 78/2010 arising out of the Crime No. 54/2010 of Jayapura Police Station.

(2.) IT is the ease of the prosecution that the complainant by name Appu came to the house of the petitioner on 16,09.2010 at about 5 p.m., along with CWs.5 and 6, at that time it is stated that the petitioner has abused the complainant with abusive words attracting the provisions under Section 3(1)(x) of SC/ST (POA) Act and thereafter, a case in Crime No. 54/2010 for offence under Section 3(1)(x) of SC/ST (POA) Act is registered. On completion of the investigation, charge sheet came to be filed for the said offence and also offences under Sections 506 and 497 IPC.

(3.) IT is submitted by the Learned Counsel for the petitioner that in order to take cognizance of the offence under Section 497 IPC, complaint should have been filed by the aggrieved person. Since the same is not forthcoming, order of the learned Magistrate taking cognizance under Section 497 IPC is liable to be quashed. He further submits that there is no 'Public View' attracted in the complaint filed by the third respondent No. 3 and draws his support from Asmathunnisa Vs. State of A.P. represented by the Public Prosecutor, High Court of A.P., Hyderabad and Another, AIR 2011 SC 1905 .