UMAKANTH ALVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed under Articles 226 and 227 of the Constitution of India read with Sec. 482 of Cr.P.C. praying this Court to direct the Hon'ble X ACMM, Bengaluru to close Crime No.284/2017 registered by the Indira Nagar Police, Bengaluru for the offences punishable under Sec. 420 of IPC pending on the file of X ACMM Court, Mayohall, Bengaluru by accepting the 'B' report filed by respondent No.1 in the interest of justice.

(2.) The factual matrix of the case is that respondent No.2 had filed a complaint against the petitioner and in pursuance of the said complaint, the police have investigated the matter and filed the 'B' report and the same is not accepted. Hence, the petitioner is seeking the relief of writ of mandamus directing the X ACMM, Bengaluru to close Crime No.284/2017.

(3.) Having heard the learned counsel for the petitioner, it is not in dispute that after the investigation, *B' report is filed. The order sheet which has been produced before the Court discloses that *B' final report was filed. The learned Magistrate has issued notice against the complainant and date was fixed on 4/1/2021. Again on 4/1/2021, the notice was not served, and date is fixed as 4/5/2021. When the *B' report is filed before the Trial Court, the learned Magistrate has to issue notice against the complainant and the records reveals that no notice is served on the complainant. Hence, the date is fixed on 4/5/2021.