K RAMESH BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under S. 482, Cr. P. C. to reverse or set aside the order dated 30-10-91 passed in C.C. No. 5125/91 directing the registration of a case against him under S. 350 of the Code of Criminal Procedure.

(2.) The petitioner while he was in charge of Girinagar Police Station as sub-Inspector of Police had registered a case in Crime No. 1212 / 90 against one Venkatesh for an offence under S.324, IPC. Subsequently a chargesheet was also filed against the said Venkatesh in C.C. No. 3783 / 90 on the file of the Second Additional Chief Metropolitan Magistrate, Bangalore.

(3.) The petitioner was one of the witnesses in the said case. The trial Court issued witness summons through a police constable Basavaraj for service who was then attached to Girinagar Police Station. He returned the said summons to the Court with an endorsement that the petitioner refused to receive the same. Thereupon the learned Magistrate ordered registration of a case against the petitioner under S. 350 of Cr. P.C. and called upon the petitioner to show cause as to why he should not be punished under the said section.