JAGGU MUTYYA NIPPANI MATHADEESHA Vs. SUDHAKAR

JUDGEMENT

(1.) Accused No.1 in Crime No.249/2016 on the file of University Police Station, Kalaburagi within the jurisdiction of III Additional Civil Judge and JMFC, Kalabuaragi has come-up in this petition seeking quashing of the same.

(2.) Admittedly, aforesaid crime is registered pursuant to order passed by learned Judicial Magistrate in P.C.No.314/2016. The sum and substance of private complaint in P.C.No.314/2016, which was filed by respondent No.1 herein is to the fact that on 1/7/2016 at about 12.30 noon, when he was cultivating land bearing Sy.No.50/3 of Khaja Kotnoor village, Aurad (B), Revenue Circle, taluk and district Kalaburagi, he was apprehended by the accused No.1 and his henchmen. Later he was taken to a Math which was managed by accused No.1, wherein he and other co-cultivator by name Khansab were subjected to physical torture and also threat to their life, so as not to cultivate the said land. It is also stated that they were wrongfully confined in the said Math, where they were beaten by accused No.1. In this context, complaint was filed on 16/7/2016 in P.C.No.314/2016 and the aforesaid complaint which was filed under Sec. 200 of Cr.P.C. for the offences punishable under Ss. 447, 120(B), 143, 323, 341, 342, 348, 504, 506 and 511 of Indian Penal Code was referred for investigation under Sec. 156(3) of Cr.P.C. by the learned Magistrate. The said order of learned Magistrate directing the investigation into the allegation made in a private complaint is the subject of this criminal petition.

(3.) Learned counsel for petitioner has tried to rely upon the judgment rendered by the Hon'ble Apex Court in the case of Priyanka Srivastava & Anr. vs. State of U.P. & Ors., reported in 2015 AIAR (Criminal) 298 and tried to substantiate that there is gross delusion of duty on the part of learned Magistrate in appreciating the complaint and referring the same for investigation under Sec. 156(3) of Cr.P.C. He also tried to substantiate that in the similar circumstances, the Hon'ble Apex Court has held that the learned Magistrate to satisfy himself that there is a prima facie material and place his satisfaction regarding the accusation made therein. He also tried to substantiate in the present petition that the affidavit of complainant is not filed and in spite of that learned Magistrate without applying his mind has mechanically passed the order impugned, which is against the ruling of the Hon'ble Apex Court.