H SHIVAPPA Vs. PUTTASWAMY

JUDGEMENT

(1.) The sole point to be determined, in this Revision Petition filed under Ss. 397 and 398 read with S. 401,. Cr. P.C. is: Whether the Judicial Magistrate. First Class, Davangere (for short 'the Magistrate') has committed illegality in dismissing under S. 203, Cr. P.C. a private complaint (P.C. No. 19/90) filed by the petitioner against the respondents under S. 200, Cr. P. C. by order dated 23-6-90 on the ground of want of sanction under S. 197, Cr. P.C. to prosecute the respondents after having taken cognizance of the offences under Ss. 170, 166, 415, 417, 416 and 419 all read with S. 34, I.P.C. and thereafter recording the sworn statement of the complainant and two witnesses on 4-6-90?

(2.) Briefly stated, the relevant facts are as under:

(3.) Feeling aggrieved by the said order, petitioner has filed this revision petition on 5-7-90. The prayer made in the revision petition is to set aside the order dated 23-6-90 and to direct the learned Magistrate to proceed with the trial in accordance with law in the interest of justice and equity.