STATE OF MYSORE Vs. SHANKARAPPA SATEPPA INDI

JUDGEMENT

(1.) This is a reference made by the Sessions Judge, Bijapur recommending to quash the order passed by the Judicial Magistrate, First Class, Shindigi in CC.No.560 of 1970 by which the Magistrate rescinded his earlier order issuing summons to the accused persons.

(2.) The facts relevant for the disposal of this reference briefly stated are these: One Shankarappa Sateppa Indi filed a private complaint in the Court of the Judicial Magistrate, First Class, Shindgi against Shivaraya, Gan- gabai and Rudraswamy alleging that Shivaraya and Gangabi celebrated the marriage of their daughter Shivarudravva aged 4 years with one Ayyappa, aged about 17 years and thereby committed offences punishable under Ss.5 and 6 of the Child Marriage Restraint Act, 1929, (hereinafter referred to as the Act) read with S.34 of the IPC. The Magistrate recorded the sworn statement of Shankara Settappa Indi as provided under S.200 of the CrPC. and directed the issue of summons against those three persons mentioned above. On 8-6-1970 those 3 persons against whom summons had been issued appeared before the Court and on 23-6-1970 when the case came up for hearing they filed an application contending inter alia that the provisions of S.10 of the Act were mandatory and the Court could not entertain the complaint without holding a preliminary enquiry much less issue summons to them. Shankarappa Sateppa took time to file objections but later submitted to the Court that he had no objections. The Magistrate, thereafter, proceeded to hold the preliminary enquiry under S.10 of the Act read with S.202 of the CrPC. and recorded the statements of four witnesses including Shankarappa Sateppa Indi. On the basis of the evidence, he came to the conclusion that no prima facie case against Shivaraya, Gangabai and Rudraswamy had been made out and in this view he dismissed the complaint.

(3.) Shankara Settappa Indi filed a revision petition (No.23 of 1970) in the Court of the Sessions Judge, Bijapur against the order passed by the Judicial Magistrate, First Class contending that the Magistrate having once ordered to issue summons against the said persons could not have gone behind his own order and held a preliminary enquiry and at any rate was wrong in dismissing the complaint holding that there was no evidence to come to the conclusion that there was a marriage as alleged by Shankara Sateppa Indi and dismiss the complaint under S.203 of the CrPC.