RANGANAYAKAMMA Vs. SRINIVASA SETTY

JUDGEMENT

(1.) This Criminal Petition one under Section 482 of the Code of Criminal Procedure (for short the 'Code') is directed against the order dated 22-3-1984 passed by the Learned Civil Judge and J.M.F.C. Srirangapatna in C.C. No. 24/1982 rejecting an application filed by the petitioner complainant also under the same provision requesting the Magistrate to state to the accused the particulars of the offences alleged in the complaint and not taken cognizance by the Magistrate.

(2.) The matter arises in this way.

(3.) The petitioner (who will hereinafter referred to as the 'complainant') filed a private complaint for offences under Sections 120B, 166, 167, 198, 201, 217 & 417 read with Section 109 I.P.C. The Magistrate, after following the procedure prescribed under Chapter XV, took cognizance of offences under Sections 465, 423, 426 and 120-B read with 109 I.P.C. Thereupon the Court issued summons for the attendance of the accused since the offences for which cognizance was taken were triable as summons cases. In pursuance of the summons issued, the accused appeared and the Learned Magistrate stated to the accused the substance of the accusation of the offences taken cognizance as required under Section 251 of the Code. It appears at that stage the complainant presented an application under Section 482 of the Code with a prayer referred earlier which was rejected by the Learned Magistrate as per his Order dated 22nd March 1984. Hence this Criminal Petition.