TARUN VARMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. perused the records.

(2.) The above petition is filed seeking quashing of the criminal proceedings in Crime No.130/2017 registered by Whitefield Police for the offences punishable under Sections 417, 418, 420, 467, 468, 471, 477, 477A, 120B of IPC, on the direction of the jurisdictional Magistrate while referring the PCR No.141/2017 under Section 156(3) of Cr.PC.

(3.) On careful perusal of the entire materials on record, it appears the guidelines laid down by the Hon'ble Apex Court in Priyanka Srivastava and Others Vs. State of U.P. and others, 2015 AIR(SC) 1758, have not been observed before referring the matter to the police under Section 156(3) of Cr.PC.. In the said decision, the Hon'ble Apex Court has specifically observed that, there should be an affidavit along with supporting documents filed by the complainant narrating that he has exhausted the remedy under Section 154(3)(4) of Cr.PC..