BALASUBRAMANYA Vs. SRIKANTH

JUDGEMENT

(1.) In this Criminal Petition the petitioners have prayed for setting aside the order dated 4.4.1989 passed by the learned Sessions Judge, Chickmagalur, in Crl.R.P.No. 40/1989.

(2.) The petitioners are the complainants in PCR No.1/89 on the file of the Chief Judicial Magistrate, Chickmagalur, and the respondents are the accused along with two others therein. Therefore, in this order the petitioners will be referred to as the complainants and the respondents as the accused.

(3.) The complainants filed a private complaint under Section 200 Cr.P.C. against these accused and two others for offences punishable under Sections 143, 147, 448 r/w Section 149, Section 379 r/w Section 149, Section 392 r/w Section 149 and 395 of I.P.C. The learned Magistrate referred the case for investigation under Section 156(3) Cr.P.C. to the Dy.S.P., Chickmagalur. Though the process was not issued against Accused-3 to 5, they voluntarily appeared before the Court and objected to the investigation being carried out by the Dy.S.P., Chickmagalur. The trial Court having entertained the said application ordered withdrawal of the investigation of the case by the Dy.S.P., and referred the same to the Superintendent of Police, Chickmagalur for further investigation without the assistance of the Dy.S.P., Chickmagalur. The said Order was challenged by the complainants in Cr.R.P.No.40/1989 before the Sessions Judge, Chickmagalur. The learned Sessions Judge allowed the said revision petition, set aside the said order of the learned Magistrate and directed withdrawal of the reference from the Superintendent of Police, Chickmagalur and to hold the pre-process enquiry under Section 202 of Cr.P.C.