A.N.UMA Vs. A.N.CHANDRASHKAR

JUDGEMENT

(1.) In this petition the petitioners have prayed for quashing the proceedings in PCR No. 46/2006 pending on the file of I ACMM, Mysore. First respondent filed a private complaint in PCR No. 46/2006 against the petitioners alleging that they have forged a Will in the name of one A.N. Nagarathna. The jurisdictional Magistrate referred the matter to the police under Section 156(3) Cr. P.C. After investigation police filed B report. The first respondent filed a protest petition objecting B report filed by the police. Under the impugned order jurisdictional Magistrate directed to register the case and issued process and the same reads as under:

(2.) Aggrieved by this order of jurisdictional Magistrate petitioners are before this court. Heard arguments on both the side and perused the entire petition papers.

(3.) The Supreme Court in H.S. Bains vs. State, 1980 4 SCC 631 held as under: