CHIKKAVEERAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Criminal revision is directed against the order of the Chief Judicial Magistrate, Bangalore, dismissing s complaint under S.203 of the CrlPC, merely after considering the 'B' Report submitted by the police. The facts of the case being uncontroverted, are that a private complaint was instituted before the Magistrate by one Chikkaveerappa purporting to be for an offence under the Untouchable (Offences) Act of 1955. Instead of taking cognizance of the complaint under S.200, the learned Magistrate asked for Investigation by the police under S.156(3) CrlPC which he could do in view of the decision of this Court in David Bhai Hasan Ali v. Abhas Bhai, 1971 (2) MysLJ. 526, and in Chemma v. Laxmichand, 1970 (2) MysLJ. SH N.226. The police in this case submitted a 'B' Report and the learned Magistrate considering that report has chosen to dismiss the complaint which he could not obviously do. Once the Magistrate received a 'B' report and the complainant made a request to the Magistrate for his own statement and the statement of his witnesses, he had to relegate himself to the position Tinder S 200 and taking cognizance of the case under that section, he should have examined the complainant and the witnesses who were present Thereafter, under S.203, he could have considered the statement of the complainant and of the witnesses and the result of the investigation, and if no sufficient ground existed for proceeding, he could dismiss the complaint under S.203. THIS he has not done and, therefore, the order of the Magistrate is incorrect and has got to be set aside

(2.) THE revision is therefore allowed and the order of the Magistrate is set aside. THE case is remanded for proceeding according to law.