BASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition the petitioners have sought to challenge the legality and correctness of the order passed by the Sessions Judge directing the Judicial Magistrate First Class, Haveri, to consider the 'B' Summary report afresh after giving an opportunity to the complainant to prove his case.

(2.) The petition arises in this way : Respondent-2 filed a complaint to the police, Haveri, alleging commission of the offences punishable underSections 147, 148, 427, 447, 504 and 506 r/w Section 149 I.P.C. On the said complaint the police registered case in Crime No. 229 of 1982 and issued F.I.R. to the Court. After completion of the investigation the police sent a 'B' summary report saying that the complaint was false. Although respondent-2 protested to the acceptance of the 'B' summary report by filing a protest memo, the Magi' strate accepted the 'B' summary report. Being aggrieved thereby, respondent-2- approached the Sessions Judge in revision. The Sessions Judge, while allowing the revision; having directed tne Magistrate to consider the 'B' summary report afresh as stated earlier, the petitioners who are accused have app. reached this Court with this petition.

(3.) The contention of Sri F. V. Patil learned Counsel for the petitioners is that the Sessions Judge was wholly in error, not only in entertaining the revision but also in directing the Magistrate to consider the 'B' summary report afresh and more so because in the protest memo filed by the 2nd respondent there was no request made to the Magistrate to take action. In other words, what he contended is that the protest memo was not in the form of a complaint and therefore the Magistrate having accepted the 'B' summary report and there being no criminal proceedings instituted the Sessions Judge had no jurisdiction to entertain the revision. There is sufficient force in these contentions. When, on investigation, the police submit 'B" summary report or a 'C' summary report saying the complaint is false or that it is a civil dispute or that there is no evidence three courses are open to the Magistrate ; (i) either to accept the 'B' summary report and drop all further action, or (ii) on consideration of the 'B' report direct the police to make further investigation or (iii) take cognizance of the offence, if any disclosed on the very report. Where the Magistrate, accepts the 'B' summary report the only course left to the Magistrate is to drop all further action. On such acceptance of the 'B' report he having not taken cognizance, no criminal proceedings would be said to be instituted.