SHIVA KUMAR.S, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Shri M.S. Nagaraja, learned counsel appearing for the petitioner, Shri Sandesh S. Chouta, learned SPP appearing for the State and Shri S.T. Bikkannavar, learned counsel appearing for Respondent No.2. Perused the records.

(2.) Respondent No.2 has filed a private complaint under Section 200 Cr.P.C. against the petitioner and presented the said complaint before the Chief Metropolitan Magistrate, Bangalore City, which came to be numbered as PCR No.1831/2014 after an order came to be passed on 25.01.2014 referring the complaint under Section 156(3) of Cr.P.C. to the jurisdictional police. Based on such reference, the Vijayanagar Police Station took up the matter for investigation and registered the complaint against petitioner as Crime No.167/2014 for the offences punishable under Sections 384, 406, 420, 465, 467, 468, 471, 474 and 506 of IPC.

(3.) Being aggrieved by this order, petitioner had approached this court in Crl.P.1284/2015 and this court by order dated 20.07.2015, noticed that the learned Magistrate had mechanically passed the order referring the complaint to the jurisdictional police to investigate, by exercising his power under Section 156(3) Cr.P.C. and there being no application of judicial mind, this court had quashed the said order by allowing the petition and reserving liberty to the Learned Magistrate to examine P.C.R.No.1831/2014 and to pass fresh orders. Pursuant to said order of remand, Jurisdictional Magistrate, by order dated 20.10.2015, had rejected the complaint on the ground that complainant has not made out any ground either to refer the matter for investigation or to take cognizance of the alleged offences. Being aggrieved by said order, complainant filed a revision petition before LIX Additional City Civil and Sessions Judge, Bangalore, in Criminal Revision Petition No.869/2015. Revisional Court, after securing the records from trial court and after notifying the accused, has allowed the revision petition, set aside the order dated 20.10.2015 by arriving at a conclusion that the allegations made in the complaint and the supporting documents produced by the complainant would constitute offences punishable under Sections 403, 406, 420 and 506 IPC and as such held that learned Magistrate ought to have taken cognizance under Section 190(1)(a) of Cr.P.C. Acting under Section 398 of Cr.P.C., revisional court has directed the Magistrate to take cognizance of the offences punishable under Sections 403, 406, 420 and 506 IPC and has also directed the Magistrate to dispose of the complaint in accordance with the procedure contemplated under Chapter-XV of Cr.P.C., by order dated 30.12.2016.