K KESHAVAMURTHY Vs. STATE

JUDGEMENT

(1.) These petitions can be conveniently disposed of together as they arise out of a common order d/9-5-1975 passed by the Addl Judicial Magistrate First Class, Holenarasipur, in Crl Cases 215 to 221 of 1974, holding that the provisions prescribed in the CrlPC, 1898 (hereinafter referred to as the 'Old Code') and not the provisions of the CrlPC, 1973 (hereinafter referred to as the 'New Code') would be applicable and therefore the prosecution had made out a prima facie case of an offence punishable under S.406 of Indian Penal Code against the petitioner.

(2.) The facts giving rise to these petitions may be narrated as follows: On 17-4-1973 one Raghunathaiah filed a private complaint before the Magistrate alleging that the petitioner had committed offences punishable under Ss.408 and 420 of the IPC. On receipt of the complaint, the then Magistrate passed an order as follows :

(3.) The basic reasoning of the learned Magistrate, as seen from the impugned order, is that on Raghunathaiah filing the private complaint, cognizance of the offences had been taken and in that view of the matter, the private complaint was pending in the Court right from 17-4-1973, hence S.484(2) of the New Code would not be applicable and as such the provisions of the Old Code only would be applicable.