LAWS(KAR)-2015-1-337

ANNAPPA Vs. INDIRABAI

Decided On January 14, 2015
ANNAPPA Appellant
V/S
INDIRABAI Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent No. 2 and the notice to be issued to respondent No. 1 is dispensed with.

(2.) THERE are two technical grounds raised before this Court with regard to the procedure adopted and followed by the learned Senior Civil Judge and JMFC, Indi, in C.C. No.464/2014. It is contended that Indi police have submitted a charge sheet against accused Nos. 1, 6, 7, 9 and 10 for the offences punishable under Sections 143, 147, 323, 324, 504, 506 r/w Section 149 of IPC. The office has put up the said note and the learned Magistrate has passed the order in the following manner:

(3.) THE above said order is challenged by the accused on the ground that the learned Magistrate has very mechanically passed the order of taking cognizance against the accused and not against the offences alleged by the police. There is no mention for which of the offences cognizance was taken and process was issued.