MOHAMMED ALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused No.3 has invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for short) seeking setting aside the order dated 03.10.2017 passed by the learned V Additional District and Sessions Judge, Dharwad, sitting at Hubballi in Criminal Revision Petition No.78/2017 and consequently quashing of the entire proceedings in CC No.1682/2017 for the offence punishable under Sections 420, 423, 464, 465, 466, 468 and 474 read with Section 34 of the Indian Penal Code (hereinafter referred to as the 'IPC', for short) pending on the file of the learned Principal Civil Judge and JMFC, Hubballi, so far as the petitioner/accused No.3 is concerned.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1-State.

(3.) Respondent No.2 has filed a complaint in CC No.819/2012 against the petitioner and other accused for the offence punishable under Sections 420, 432, 464, 465, 466, 468 and 474 read with Section 34 of IPC. The said complaint came to be referred to the Police for investigation. After investigation, the Police filed 'B' report. The learned Magistrate, not being satisfied with the investigation, by order dated 21.09.2013 has directed the police for reinvestigation and to file a report. The Police again filed 'B' report on 08.09.2015. After hearing the complainant and considering the documentary evidence on record and the sworn statements of the complainant and other witnesses, the learned Magistrate has dismissed the complaint by order dated 29.07.2017. Respondent No.2 filed a petition in Crl. Revision Petition No.78/2017 challenging the said order dated 29.07.2017. The petitioner and 3 others were arrayed as respondent Nos.1 to 4. The Revisional Court without issuing notice to the petitioner and 3 others, has passed an order dated 03.10.2017 setting aside the order dated 29.07.2019 passed in PC No.819/2012 before the learned Principal Civil Judge and JMFC, Hubballi, and the Court restored the complaint and ordered to register a criminal case and issue summons against the accused.