K. THIAGARAJN IYER AND SMT. T. JAYALAKSHMI Vs. STATE OF KARNATAKA BY K.R. POLICE STATION AND THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION

JUDGEMENT

(1.) IN this petition the petitioners have prayed for quashing the order dated 10.08.2009 and the entire proceedings in C.C. No. 146/2009 on the file of I Additional Civil Judge (Senior Division) and Chief Judicial Magistrate, Mysore. Respondent No. 2 filed a complaint with respondent No. 1 police and the same came to be registered in crime No. 237/1998 for the offences punishable under Section 406 read with Section 34 IPC. After investigation the police filed the B report. Respondent No. 2 filed objections challenging the B report. Under the impugned order the trial Court accepted the objections, registered the case and issued summons. Aggrieved by the impugned order and the entire proceedings before the trial Court the petitioners are before this Court.

(2.) HEARD arguments on both the side and perused the entire petition papers.

(3.) KEEPING in view the law declared by the Apex Court in the decision referred to supra it is necessary to examine the fact situation in the present case. A perusal of the impugned order specifies that the jurisdictional Magistrate has not rejected the B report filed by the police. No reasons are assigned by the jurisdictional Magistrate to reject the B report. Further there is no consideration of the material placed by respondent No. 2 to come to the conclusion that a prima facie case is made out against the petitioner. In the circumstances the impugned order is liable to be set aside. For the reasons stated above, the following;