S RAJENDRAN Vs. RAMA APPASWAMW

JUDGEMENT

(1.) In this petition filed under S. 482 of the Cr.P.C. the five petitioners have prayed that the proceedings before the Chief Metropolitan Magistrate, Bangalore, in P.C.R. No. 13 of 1981 and the proceedings of the concerned police viz., Rajajinagar Police Station in Crime No. 30 of 1981, be quashed.

(2.) The few facts available as narrated by the petitioners are that respt.-1 filed a complaint before Rajajinagar Police alleging an offence under S. 380 or in the alternative under S. 406 of the IPC against the petitioners. The Police were of the opinion that it was a case purely of civil nature and did not take action. He, therefore, filed a complaint before the Chief Metropolitan Magistrate, Bangalore, under S. 200 of the Cr.P.C. and the Chief Metropolitan Magistrate gave a number to that complaint as P.C.R. No. 13 of 1981. He did not take cognizance of either of the offences alleged in the complaint. He directed investigation under S. 156(3) of the Cr.P.C. On receipt of the direction and a copy of the complaint, Rajajinagar Police registered a case in crime no. 30 of 1981 and issued First Information Report to the Court of Chief Metropolitan Magistrate. During the course of investigation the police seized certain articles consisting of 46 cotton bales and 710 yarn 'knots' of value of Rs. 86,550. The petitioners had filed IA. I along with the criminal petition praying for stay of both the actions i.e., by the Chief Metropolitan Magistrate and Rajajinagar Police, and interim stay was granted on 20-2-1981. As the seizure was effected, the petitioners filed IA. II, alleging that the seizure had been effected after the interim order of stay had been served on the Rajajinagar police also and therefore, a direction should be issued for restoration of the said articles to the possession of the petitioners. I.A. II has been dismissed by my order dated 24-2-1981.

(3.) The facts aforementioned make out the following crucial aspects which arise for determination: