H V SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE respondent No. 2 filed a private complaint in P. C. R. No. 88/2000 under Section 200, Cr. P. C. , alleging that the petitioners herein have committed an offence punishable under Sections 467,468,471,420 read with Section 120-B, 109 further read with section 34, I. P. C. In pursuance of the private complaint, the learned Magistrate took the cognizance of the complaint and thereafter based on the sworn statement of the complainant and the material, issued summons, and referred the matter to the Police for further investigation under Section 156 (3), Cr. P. C. The Police on investigation submitted a 'b' report on 23-6-2001. Thereafter, the matter was posted for hearing on 1-12-2001, the complainant and his Counsel were absent, on the said day. The learned Magistrate accepted the 'b' report. However, at later stage, the complainant filed an application recalling the order of acceptance of the 'b' report. The learned Magistrate recalled the order and posted the matter to hear on objection to 'b' report.

(2.) IN view of the acceptance of the 'b' report, the petitioners, who were arrayed as accused, did not participate in the proceedings. The matter was adjourned from time to time for hearing the objection to the 'b' report. In the meanwhile, the complainant filed criminal Contempt of Court Case No. 50/ 2001 before this Court alleging that, the Investigating Officer has committed contempt of the Court in not complying with the direction issued by the learned Magistrate by investigating the matter and in turn, he has submitted a 'b' report by relying on the civil litigation.

(3.) IN the said contempt, the petitioners, who were accused in the trial Court, were not made parties. The Division Bench of this court by order dated 24th June, 2002 observed that, some error has been committed by the investigating Officer, as the Investigating officer regardless of the civil litigation should have investigated the matter and further observed that, if the prima facie case is made out within the jurisdiction of the Police to register the offence in accordance with law, if, on the other hand, the investigation does not disclose the commission of offence, then the investigating Officer can file his report to the court. Based on the said observation, it appears, the Police made further investigation and thereafter, the Police filed charge sheet before the learned Magistrate on 20th October, 2004. The learned Magistrate based on the charge sheet issued the summons on 20th october, 2004. On 19-7-2004, the learned magistrate recorded that, accused No. 1 is dead. Further, ordered for issue of summons to accused Nos. 2 to 8 and adjourned the matter to 16-10-2004.