VEERESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner arraigned as accused in C.C.No.138 of 2017 for the offences punishable under Sections 176, 177, 181, 199 and 506 of the Indian Penal Code, 1860, which is pending before the Court of Senior City Civil and JMFC, Soraba Taluk, Shivamogga District, is before this Court seeking to quash the order dated 26.05.2017 passed by the Court below taking cognizance of the offences pursuant to the charge-sheet filed in C.C.No.138 of 2017 by urging various grounds.

(2.) Heard Shri.S.Kalyan Basavaraj, learned counsel for the petitioner, so also, Smt.Rashmi Jadhav, learned HCGP appearing for the first respondent/State and Shri.Prakash.M.Patil, learned counsel for the second respondent who are physically present before the Court. But counsel for the second respondent can only assist the learned HCGP appearing for the first respondent/State as under Section 301 of Cr.P.C. but cannot independently address his arguments.

(3.) It is transpired from the materials available on record that a private complaint has been lodged by the second respondent/complainant against the accused in P.C.R.No.81 of 2015 for the offences, which reflected therein. On filing of a private complaint, the Court of the Senior Civil Judge and JMFC, Soraba pursuant to the charge-sheet filed in C.C.No.138 of 2017 took cognizance against the accused for the offences punishable under Sections 176, 177, 181, 199 and 506 of the Indian Penal Code, 1860 vide its order dated 26.05.2017. The case has been referred as contemplated under Section 156(3) of Cr.P.C. to the jurisdictional police having domain to investigate the case and submit the report.