NINGAPPA Vs. KALAVATHI

JUDGEMENT

(1.) This Criminal Petition one under S. 482 of the Code of Criminal Procedure arose out of a private complaint filed by the 1st respondent Smt. Kalavathi against the petitioner (the accused) for offences punishable under Ss. 494 and 109, I.P.C. read with S. 34, I.P.C.

(2.) The matter arises in this way. On a complaint filed by the complainant in the Court of the JMFC, Saundatti, in Cr. Case No. 12/1982, the Magistrate after recording the sworn statement of the complainant and of four witnesses produced by her passed an order D/- 9-11-1982 directing issue of process against all the accused. The accused carried the matter to the Court of Session at Belgaum in Criminal Revision No. 10/1983 which came to be heard and dismissed by the 1st Additional Sessions Judge, Belgaum, as per his order D/- 30th July, 1983. Being aggrieved by this order the accused have filed this petition challenging the validity and legality of the order passed by the Courts below.

(3.) Sri S.M. Kallur, learned Advocate appearing for the accused presented two points for my consideration. They were : (1) the Court of JMFC, at Saundatti had no jurisdiction to entertain the complaint and take cognizance of the offences alleged; and (2) no sufficient ground was made out by the complainant to proceed with the case.