SHARADA Vs. DODDAPPA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners. Perused the records.

(2.) PETITIONERS have called in question the orders passed by J.M.F.C., Badami, in P.C. No.55/2010 in taking cognizance against the petitioners under Section 190(1) (a) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for brevity) for the offences punishable under Sections 341, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity) and also under Section 8 of the Karnataka Preservation of Trees Act, 1976.

(3.) LEARNED counsel for petitioners strenuously contended that the complainant having failed in a civil suit has lodged a private complaint under Section 200 of Cr.P.C. on the file of J.M.F.C., I Court, Badami, by making false allegation against the accused - petitioners. The Magistrate without looking into the averments of complaint and sworn statement and without properly appreciating the same in proper perspective has wrongly taken cognizance and issued process against the accused persons.