LAWS(KAR)-2021-1-74

SRINIVAS N. Vs. STATE OF KARNATAKA

Decided On January 25, 2021
Srinivas N. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the order dated 11.03.2019 passed in PCR No.148/2019 on the file of II Additional C.J.M. Bengaluru Rural at Bengaluru against the petitioners for the offence punishable under Sections 198, 199, 200, 120B, 415, 417, 418, 419, 420, 425, 427, 464A, 465, 468, 470 and 471 read with Section 34 of IPC.

(2.) The factual matrix of the case is that respondent No.2 herein had filed the private complaint invoking Section 200 of Cr.P.C. for the offences referred above and the learned Magistrate after receiving the complaint, passed the following Order:- Presented on 11/03/2019 at 5.00 p.m. Register the case as PCR complainant referred to jurisdiction Police U/Sec. 156(3) of Cr.P.C. for enquiry and report. For sworn statement Call on 27/04/2019.

(3.) Learned counsel for the petitioners would submit that learned Magistrate while referring the matter under Section 156(3) of Cr.P.C. has not applied his mind and mechanically passed the impugned order. While referring the matter to investigation, the learned Magistrate has even not considered the contents of the complaint and documents placed along with the complaint.