B.C. SURESHA Vs. SUMITHRA

JUDGEMENT

(1.) THOUGH this matter is listed today for admission, by consent of learned counsel appearing on both the sides, matter is heard on merits. Respondent presented a private complaint in PCR No. 110/09, before the Court at JMFC, Mandya on 6.10.2009 against this petitioner and two others alleging the offences punishable under Sections 415 and 420 of Indian Penal Code.

(2.) ON receipt of the complaint, the learned Magistrate proceeded to record the sworn statement of the complainant on 7.11.2009 and by order dated 5.2.2010, he referred the complaint to the police for investigation in exercise of his power under Section 156(3) of the Code of Criminal Procedure. Pursuant to the said reference, the police registered the case in Crime No. 104/2010 and after completing the investigation filed 'B' summary report. Respondent field protest petition to the 'B' summary report. Thereafter, learned Magistrate once again recorded sworn statement of the complainant and by order dated 23.8.2010, directed registration of the case and ordered issue of summons to the persons arrayed as accused.

(3.) IN support of quashing of the proceedings, various technical grounds have been raised in the petition.