PRANESH Vs. THE STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Petitioner has approached this Court seeking for quashing of the order dated 26.09.2014 passed in Criminal Revision Petition No. 249/2013 by the II-Additional Sessions Judge, Bijapur, in reserving the liberty to respondent No. 2 herein to file fresh protest petition before II-Additional J.M.F.C, Bijapur, in C.C. No. 3483/2013 (arising out of P.C. No. 264/2009).

(2.) I have heard the arguments of Sri R.S. Lagali, learned counsel for the petitioner, Sri Prakash Yeli, learned Additional State Public Prosecutor appearing for respondent No. 1 and Sri Shivanand V. Pattanshetti, learned counsel appearing for respondent No. 2. Perused the records.

(3.) It is an undisputed fact that respondent No. 2 herein lodged a private complaint against the petitioner in P.C. No. 264/2009 on the file of II-Additional JMFC Bijapur, for the offences punishable under Sections 403, 406, 417, 419, 465, 468, 420 r/w Section 34 of IPC. The said case was referred to the jurisdictional police for investigation and report under Section 156(3) of Cr.P.C. The police, after due investigation, submitted 'B' summary report before the Magistrate. Being aggrieved by the 'B' report, the complainant filed a protest petition. On the basis of the contents of the protest petition, the learned Magistrate took cognizance and then proceeded to record the sworn statement of the complainant and thereafter ordered to register a criminal case against the petitioner and issued summons to the accused.