JAGDISHCHANDRA SIDDARAMAPPA PATIL Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 482 of Cr.P.C. for setting aside the order dtd. 18/4/2015 passed in C.C.No.2621/2015, arising out of Crime No.50/2013, which is pending on the file of I Additional JMFC, Kalaburagi.

(2.) The facts leading to this case are that the petitioner was a complainant in Crime No.50/2013 against four accused persons registered for the offences punishable under Ss. 341, 323, 324, 504, 506 read with Sec. 34 of the Indian Penal Code, 1860 (for short 'IPC')- The investigating officer has subsequently submitted the charge sheet and case was registered in C.C.No.3199/2013 against the accused therein. The matter went for trial and after appreciating the evidence on record, the learned Magistrate by order dtd. 18/4/2015 acquitted accused Nos.1 to 4 for the offences punishable under Ss. 341, 323, 324, 504, 506 read with Sec. 34 of IPC and set them at liberty. However, he has passed further order that in view of the observations made in paragraph Nos.29 to 31 against PW.1/complainant/present petitioner, he shall be tried summarily for giving false evidence before the Court and in his further order, the learned Magistrate has directed to register a case in Register No.111 against the complainant/present petitioner for the offence punishable under Sec. 193 of IPC and ordered to place the judgment copy and copy of the depositions of the complainant with a direction to issue show cause notice to him. The order regarding issuing show cause notice to the petitioner came to be challenged in this petition.

(3.) The learned counsel for the petitioner contended that the learned Magistrate ought to have lodged a complaint, which is mandatory under Sec. 195(l)(b)(i) of Cr.P.C. when he has making a complaint for the offence punishable under Sec. 193 of IPC, but, that was not done in the present case. He further argued that the learned Magistrate has also not proceeded summarily and his directions are inconsistent in operative portion of the judgment. Hence, he has sought for setting aside the said order.