PAKIRAPPA Vs. BASAVANAGOUDA BHARAMANAGOUDA GOUDARA

JUDGEMENT

(1.) This Criminal Revision Petition is filed under S. 397, Cr. P. C. to set aside the order dated 11-6-1990 passed by the Munsiff and J.M.F.C. Byadgi, in P. C. No. 22 of 1990.

(2.) I have heard the learned counsel for the petitioners and the learned Government Pleader fully and perused the records of the case.

(3.) The facts of the case leading to this Revision Petition are as follows: That the complainant along with the other accused in the case went to Byadgi Police Station on 29-5-1990 and requested the petitioner to release them on anticipatory bail as per the orders of the Sessions Court, Dharwar. But the petitioner did not accept the order of the Sessions Court on the ground that he was under orders of transfer. Accused 6 filed an affidavit. The Court below treated that affidavit as private complaint under S. 2(d) of Cr. P. C. and took cognizance of the offence and recorded the sworn statement of the complainant and ordered for the issue of process against the petitioner for the offence under S. 166 read with S.188, I.P.C.