HIGH COURT OF KARNATAKA REPRESENTED BY REGISTRAR GENERAL Vs. B M SHIVANNA S/O LATE PUTTLAKKAJJARA MARULAPPA

JUDGEMENT

(1.) The accused was the complainant in P.C. No.151/2012 on the file of the Civil Judge and JMFC, Hosadurga. He filed the said complaint against his brothers B.M. Shekharappa and B.M. Rangappa to prosecute them for the offences of forgery and cheating etc.

(2.) Initially, acting under S.156(3) of Cr.P.C. the Magistrate referred the said private complaint to the jurisdictional police for investigation and report. The jurisdictional police filed 'B Final report' on the ground that no offence was made out to proceed against the accused. The present accused who was the complainant therein, filed the protest petition to the 'B Final report'. On hearing on the protest petition the Magistrate by the Order dated 13.05.2015 accepted the 'B report' in so far as it relates to accused No. So far as accused No.1, the Magistrate held that there are grounds to proceed against him for the offences punishable under Ss.466 to 468, 471 & 474 of Indian Penal Code, 1908, took cognizance and issued process to him. On service of process accused No.1 of that case appeared and the proceedings were going on.

(3.) On 28.12.2016, the JMFC, Hosadurga submitted a report as per Ex.P5 to the Prl. District and Sessions Judge, Chitradurga, i.e. his Unit Head, stating that on 212.2016 when the proceedings of C.C.No.262/2015 were going on, the present accused who was the complainant in that case hurled footwear towards the Bench. The Magistrate reported that he has filed a complaint before the jurisdictional police in CR No.462/2016 in that regard.