STATE Vs. PAPIREDDY

JUDGEMENT

(1.) This is a revision against the order dated 4-7-1987 passed by the Judicial Magistrate, First Class, Sidlaghatta, in C.C.No. 395/87 issuing process against one Mahadevaiah for the offence punishable under Sections 499, 500 and 510 I.P.C.

(2.) The complainant filed a private complaint under Section 200 Cr.P.C. against the accused Mahadevaiah alleging that on 3-7-1987 a case in Crime No. 175/87 on the file of the police station of Sidlaghatta had been registered under Section 110(e) Cr.P.C. According to him, he had been engaged by the opponents in that case as their advocate. The complainant went to Taluk Office at Sidlaghatta along with the vakalath and an application for bail and also sureties. According to the complainant, P.S.I. of Sidlaghatta police station told him that the accused would be produced before the Sub Divisional Magistrate at Chickballapur. According to him, the P.S.I. told him that the Sub-Divisional Magistrate of Chickballapur had gone to Kolar and that he would come back to the Taluk Office at Sidlaghatta by 6-00 p.m. According to him, the P.S.I. asked him to wait till that time. According to the complainant, he waited for the Sub Divisional Magistrate in Sidlaghatta Taluk Office. According to him, the Sub Divisional Magistrate came to the Taluk Office at Sidlaghatta at 7-45 p.m. According to him, the Sub Divisional Magistrate took his seat in the Tahsildar's office. According to him, after the Sub Divisional Magistrate took his seat in the Taluk Office, he presented the vakalath and the application for bail and the affidavit of the sureties. According to him, he entered the Taluk office after showing all the respect to the Officer. According to him, when he presented the application for bail, vakalath and the affidavit of the sureties, the Sub Divisional Magistrate bearing name Mr. Mahadevaiah is said to have shouted at him as ..(VERNACULAR MATTER OMMITED).. According to him, he remained there standing. When he continued to stand there, the accused is said to have shouted out" ..(VERNACULAR MATTER OMMITED).. According to him, the shouting of the said words by the accused in singular was resorted to by the accused only with a view to defame him. According to him, at the time of the incident, G.M. Rama Reddy bin Muninagappa, Mallur, K.M. Krishnappa bin Muniyappa, Mallur, Narasimhaiah bin Kadirappa, Gudihalli, Gopalareddy bin Venkatarayappa, Settihalli and G.P. Narayanaswamy bin Papanna and Narayanaswamy bin Venkatarayappa Abuidu, were present. Thus the complainant filed the present complaint against the accused on the ground that the accused had committed offences under Sections 499, 500 and 510 I.P.C. which are not cognizable ones. He requested by that complaint that a case should be registered against the accused and steps Should be taken against him according to law.

(3.) This complaint was filed on 4-7-1987. The Magistrate after hearing the complainant recorded the sworn statements of the complainant and his two witnesses viz., Rama Reddy P.W.2 and Krishnappa P.W.3 and issued process against the accused for the offences under Sections 499, 500 and 510 I.P.C.