VENKANGOUDA RANGANGOUDA Vs. VEERABHADRAPPA PARAPPA

JUDGEMENT

(1.) In this petition, the order dl .10-7-1975, passed by the incharge Judicial Magistrate, First Class, Kundgol in CrlCase 144 of 1975 taking cognizance of the offences under Ss.352 and 506 read with S.34 IPC is challenged on the ground that the incharge Judicial Magistrate had no power to entertain the complaint and take cognizance of the offences.

(2.) The necessary facts may be briefly narrated as follows: Sri S.S. Shrikande was the Munsiff and JMFC, Kundgol, during the months of June and July 1975. He was granted commuted leave for 26 days, with effect from 16-6-75 upto 11-7-75. The High Court issued the notification dated 26th June 1975, placing the II Addl Munsiff and JMFC, III Court, Hubli, in charge of the current duties of the Court of the Munsiff and JMFC, Kundgol, during the leave period of Sri S.S.Shrikande. On 10-7-75 respondent Virabhadrappa Parappa Angadi, filed a complaint before the said incharge Magistrate, Kundgol, alleging that the petitioners had committed offences under Ss. 352 and 506 read with S. 34 IPC. The incharge Magistrate recorded the sworn statement of the complainant and issued process against the petitioners. This is the order in question.

(3.) Sri B.V.Deshpande, learned Advocate appearing on behalf of the petitioners, urged that the II Additional Munsiff and J. M. F. C., III Court, Hubli, was by virtue of the notification issued by the High Court on 26th June 1975, placed incharge of only the current duties of the Munsiff and JMFC, Kundgol, hence he had no power to discharge statutory functions of the Magistrate of the Court at Kundgol and as such, he could not have, in law, entertained the complaint filed by the respondent, taken cognizance of the offences and issued process. He, on this basis argued that the order in question has been passed by the incharge Magistrate with out any power, and therefore it has to be quashed.