MR. T.M. BHASIN MANAGING DIRECTOR INDIAN BANK AND OTHER Vs. MR. K. GURUMURTHY S/O G. KRISHNASWAMI IYER AND OTHERS

JUDGEMENT

(1.) The petitioners have called in question the registration of FIR in Crime No.500/2010 on the file of Koramangala Police Station on the basis of the private complaint being referred by the VIII Chief Metropolitan Magistrate, Bengaluru.

(2.) The records discloses that, the respondent Nos.2 and 3 have filed a private complaint in PCR No.35799/2010 on the file of the VIII Additional Chief Metropolitan Magistrate at Bengaluru, who has referred the said complaint for investigation and report under section 156(3) of Cr.P.C,, 1973 and thereafter on the basis of the reference of the complaint, the police have registered a Crime in No.500/2010 dated 27.10.2010. The registration of the FIR on the basis of the complaint lodged and reference being made by the learned Magistrate is called in question before this Court. Though, it is not specifically averred in the prayer column of the petition, but in the grounds, it is urged that the learned Magistrate referring the matter itself is not proper and correct. There is no legal impediment for this Court while exercising the powers under Section 482 Cr.P.C,, 1973 to mould the reliefs on the basis of the entire prayer sought for by the petitioners.

(3.) Respondent Nos.2 and 3 have alleged the offences under Sections 406 and 420 of IPC, on the basis of the allegations made in the complaint.