CHANDMIYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners seeking for quashment of the complaint in PCR No.107/2019 and consequently registration of the case in FIR No.353/2019 pending before the Court of the Civil Judge & JMFC, Bagepalli, Chikkaballapura District and so also seeking quashment of the order dtd. 5/10/2019 passed in the aforesaid criminal proceedings initiated by the complainant against the accused.

(2.) Heard the learned counsel Shri D.P. Mahesh for petitioners / Accused Nos.1 to 3, who appears before court physically and so also the learned HCGP for Respondent No.1. Respondent No.2 / Syed Babajan is the complainant who initiated criminal prosecution against Accused Nos.1 to 4 vide Annexure-"A". By exercising power under Sec. 156(3) of the Cr.P.C., the Civil Judge & JMFC, Bagepalli, had referred the said complaint to the Bagepalli P.S. for investigation and to submit a report thereon, and awaiting the report by 3/1/2020. Subsequent to referring the case to the police having jurisdiction to proceed for investigation, the Bagepalli Police have registered the case in Cr.No.353/2019 by recording an FIR dtd. 24/10/2019 vide Annexure-"C".

(3.) Learned counsel for petitioners has referred to a judgment rendered by the Hon'ble Supreme Court of Indian in the case of Priyanka Srivatsava and another Vs. State of UP & Others reported in AIR 2015 SC 1758 :: (2015) 6 SCC 287. In this judgment, the Hon'ble Supreme Court has addressed the issues and the scope of Sec. 156(3) Cr.P.C. and Ss. 340 to 344 as regards an application under Sec. 156(3) Cr.P.C. seeking a direction for registration of FIR, wherein it is held that it must be supported by an affidavit. In Head Note B of the said judgment, it is held that -