B C SUNITHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have approached this Court seeking quashing of the proceedings in Crime No.87/2014 registered by the Hassan Extension Police on the basis of the Private Complaint in P.C.R. No. 151/2012 by the 2nd respondent herein, pending on the file of Principal Civil Judge and JMFC, Hassan against the petitioners.

(2.) I have heard the arguments of the learned Counsel for the petitioners and also the Counsel for the respondent No.2 and also the learned High Court Government Pleader for respondent No.1. The records discloses that the respondent No.2 Janardhanaiah has filed a private complaint in P.C.R. No.151/2012 making allegations that on 23.12.2011 in the night hours at about 7.30 to 8.00 P.M. the petitioners (accused persons) formed into an unlawful assembly and went to the house of the complainant and illegally taken some properties to their custody including three motor bikes and also they have damaged the window and abused the complainant and his family members with filthy language, threatened them with dire consequences of killing them, etc.

(3.) The learned Magistrate after going through the contents of the complaint has referred the complaint to the Police for investigation and in turn the Police have registered a case in Crime No.276/2012 and investigated the matter. When the matter was pending for investigation, it appears the complainant has also presented one more complaint in P.C.R. No.77/2014 making similar allegations with regard to the similar offences, but giving details of some more articles which were alleged to have been taken away by the accused persons like furniture, electronic devices, gold and silver articles, etc. The learned Magistrate unmindful of the fact that earlier complaint was also referred to the Police once again invoked the provision under Section 156(3) of Cr.P.C. referred the second complaint also for investigation to the Investigating Officer.