K B SANTOSH Vs. SEBASTIN JOSEPH

JUDGEMENT

(1.) Cr.P. 1829/1992 is filed under Section 482 Cr.P.C. to quash the entire proceeding in CC. No. 1546/92 (P.C. No. 66/92) on the file of the learned Addl. Munsiff and JMFC., Virajpet. The operative portion of the order reads : In the result, cognizance for the offences under Section 427, 324, 506 r/w 34 IPC. is taken against all the accused. Issue S/S to the accused. Call on 8.1.1993".

(2.) Similarly, Cr. P. 572/93 is also filed under Section 482 Cr.P.C. questioning the order passed by the Civil Judge & JMFC., Athni, in C.C. No. 111/93 (P.C. No. 35/93). The operative portion of the order reads as under :

(3.) Since common question is involved in these two petitions, they are disposed of by a common order. In both the cases these impugned orders came to be passed after recording the sworn statement of the complainant and witnesses. As far as facts are concerned, it is not necessary to narrate here as the only point that was canvassed before me is that, the Magistrates have committed an error in taking the cognizance of the offence after recording the sworn statement. Therefore, it is contrary to Section 190 and Section 200 Cr.P.C. On that ground, they submitted both the impugned orders are liable to be quashed.