NARAYAN Vs. SADANAND

JUDGEMENT

(1.) This Writ Petition is filed by the writ petitioner/accused No.1 under Articles 226 & 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure praying the Court to issue a writ or order or direction in the nature of certiorari to quash the order dated 06.01.2017 passed by the learned I Additional Civil Judge and JMFC, Court Hubballi in C.C.No.109/2017 (P.C. No.1318/2014) for the offences punishable under Sections 408, 409, 419, 420, 465 and 471 of the Indian Penal Code.

(2.) The writ petitioner herein has challenged the order dated 6th January 2017 passed by the JMFC Court at Hubballi taking cognizance for the aforesaid offences, ordering to register the criminal case against the writ petitioner/accused No.1 and others and issuance of summons. The writ petitioner/accused No.1 has challenged the said order on the grounds as mentioned in ground Nos.12 to 33 of the writ petition.

(3.) Brief facts of the case before the learned JMFC Court are that respondent No.1/complainant herein lodged a private complaint under Section 200 of the Code of Criminal Procedure against the petitioner/accused No.1 and three other persons for the offences punishable under Sections 191, 192, 193, 403, 404, 406, 408, 409, 415, 416, 418, 419, 420, 463, 465, 470 and 471 of Indian Penal Code. In the private complaint, it is alleged that the petitioner/accused No.1 herein is the elder brother of the complainant, accused No.3 is the Accountant of M/s. Sai Farm Equipments.