KARAKAPPA Vs. RENUKA

JUDGEMENT

(1.) THE REVISION PETITIONERS HAVE CHALLENGED THE ORDER DATED 27-2-1989 PASSED BY THE LEARNED JMFC, HOSPET, IN CC. NO. 1071 OF 1989 ORDERING PROCESS AND SUMMONS TO THEM.

(2.) THE RESPONDENT SMT. RENUKA, FILED A PRIVATE COMPLAINT ON 16-1-1989 BEFORE THE LEARNED ADDITIONAL MUNSIFF AND JMFC, HOSPET. ON THAT DATE, THE LEARNED MAGISTRATE ORDERED REGISTERING THE CASE AND REFERRING IT TO POLICE SI, KAMALAPUR, UNDER SECTION 156(3) CR. P.C. ON 27-2-1989 THE PSI, FILED A REPORT AFTER INVESTIGATING THE CASE REFERRED TO HIM AND AFTER PERUSING THE REPORT WITH CONNECTED MATERIAL AND STATEMENTS, THE LEARNED MAGISTRATE DIRECTED REGISTERING THE CASE AGAINST THE PETITIONERS AND ISSUING SUMMONS TO THEM. THIS ORDER IS UNDER CHALLENGE BEFORE THIS COURT.

(3.) THE MAIN GROUND OF ATTACK IS THAT THE LEARNED MAGISTRATE COULD NOT HAVE TAKEN COGNIZANCE ON THE POLICE REPORT AS THE SAME IS PROHIBITED UNDER SECTION 198 CR. P.C. SECTION 198(1) READS AS UNDER: