PUSHPARAJ Vs. STATE

JUDGEMENT

(1.) Heard Sri Naveen Kumar for Sri S.B. Mukkannappa, learned counsel for the Revision Petitioner and Sri V.S. Vinayaka, learned High Court Government Pleader for the respondent - State. Perused the records.

(2.) The present Revision Petition is filed against the order passed by the learned Principal Sessions Judge, Chikkamagalur dtd. 25/1/2012 in Criminal Revision Petition No.73/2010 whereby the order passed by the learned Trial Magistrate in CC No.187/2009 dtd. 27/4/2010 on the file of the Civil Judge and Addl. JMFC, Tarikere, for discharging the accused by allowing the application filed under Sec. 239 of Cr.PC., is set aside and the matter is remitted back to the Trial Court for disposal in accordance with law.

(3.) Brief facts which are necessary for disposal of the Revision Petition are as under: A complaint came to be filed by the Tarikere police in Crime No.5/2009 for the offence punishable under sec. 379 of IPC contending that accused took about 400 to 500 matric tonnes of iron ore from Survey No.50 which is a Government land situated at Manchatavaru village by stealing the same and therefore, transported the same to Survey Nos. 53/1P, 54/2P, 55 and 56 belonging to him and dumped in an area of nearly 100 meters length, 7 meters breadth and 3 meters height. On the basis of the complaint filed by the Tahsildar, Tarikere, Lingadahalli police registered a case in Crime No.187/2009 for the offence punishable under Sec. 379 IPC.