C V GOVINDARAJULU Vs. R V BHASKAR

JUDGEMENT

(1.) ALL these revisions are directed against the common order dt. 4-4-95 passed by the IX Addl. Chief Metropolitan Magistrate, Bangalore City, accepting the final 'b' report and consequently dismissing the complaint.

(2.) SINCE common questions of facts and law are involved in all these revision petitions, they are consolidated for the purpose of disposal.

(3.) A few facts necessary for the disposal of these proceedings are as hereunder : The petitioner herein filed a complaint under S. 200, Cr. P. C. before the learned Magistrate requesting him to take cognizance of the offences punishable under S. 120 (b), 419, 420, 468, 471, 114 r/w 34, IPC. The said complaint was referred to the jurisdictional police for investigation and report u/s. 156 (3), Cr. P. C. The Chickpete police who have investigated the matter, filed a 'b' report holding that the complaint is of civil nature. This 'b' report is challenged by the complainant by filing a protest petition. The learned Magistrate after considering the complaint allegations, took cognizance of the offences alleged and proceeded to record the sworn statements of the complainant and the witnesses and passed this impugned order by dismissing the complaint. The learned Magistrate during the course of his order has referred to the final report submitted by the police and also the complaint allegations and the sworn statement made by the complainant himself and passed an order under S. 203, Cr. P. C. The legality and correctness of the impugned order is challenged in these petitions.