SANTHOSH KUMAR M. Vs. A. KESHAVA BHAT

JUDGEMENT

(1.) The Crl.P.No.4359/2022 is filed by the petitioner/accused No.3 and Crl.P.No.4451/2022 is filed by the petitioners/accused Nos.1 and 2 under sec. 482 of Cr.P.C for quashing the criminal proceedings against them in CC.No.30741/2021 pending on the file of VIII ACMM, Bengaluru, for the offence punishable under Ss. 499 of IPC.

(2.) Heard the argument of learned counsel for both parties.

(3.) The case of the petitioners is that the respondent/complainant who is an advocate filed a complaint under sec. 200 of Cr.P.C before the Magistrate for the offence punishable under Sec. 499 of IPC and the learned Magistrate previously dismissed the complaint on 2/2/2019. Thereafter, the complainant approached the Sessions Court under sec. 397 of Cr.P.C by filing revision petition and the revisional Court had set aside the order of dismissal of the complaint and remanded the matter back to the Magistrate to take cognizance against the petitioners. Subsequently, the learned Magistrate have taken the cognizance and issued the process, under sec. 204 of Cr.P.C which is under challenge before this court.