NAGANAGOUDA Vs. KAMALAXI

JUDGEMENT

(1.) The matter arises in this way. The respondent Kumari Kamalaxi (Complainant) filed a complaint under Section 200 of Criminal Procedure Code ('the Code') before the Principal Munsiff & I Additional JMFC., Ranebennur against the petitioners (accused) for various offences under the Indian Penal Code including offences under Section 307 and 392 of Indian Penal Code. The Magistrate, after recording the sworn statement of the Complainant directed issue of process against the accused for several offences including the offences under Sections 207 and 395 read with Section 149 of Indian Penal Code as per his order dated 14-8-1985.

(2.) It is the correctness of this order that is sought to be assailed in this Revision Petition. Heard the learned Advocates H.F.M, Reddy and Deshpande for the petitioners and Sri W. V. Arabatti for the respondent.

(3.) The main argument on behalf of the accused was addressed by Sri Deshpande. Sri H. F. M. Reddy put emphasis on the submissions made by Sri Deshpande. Sri Dashpande, in the course of his argument raised three main contentions. Firstly, he contended that in view of the fact the complainant has alleged certain offences against, the accused which are exclusively triable by the Court of Sessions, the Magistrate before taking action under Section 204 of the Code directing issue of process to the accused should have held an enquiry as contemplated under Section 202 of the Code.