K M KRISHNAMURTHYKAR Vs. KRISHNA HEGDE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, respondent No.1 and also learned SPP-II for the State.

(2.) It is seen that a private complaint was filed by the first respondent herein in PCR No.12320/15 for the offence punishable under Section 420 and other allied offences under the IPC and it is prayed in the complaint that the case may be referred for investigation under Section 156(3) of Code of Criminal Procedure, 1973. The learned Magistrate has referred the complaint for investigation and submit its report vide its order dated 28.9.2015.

(3.) It is worth to mention the decision of the Hon'ble Apex Court between PRIYANKA SRIVASTAVA AND ANOTHER v. STATE OF UTTAR PRADESH AND OTHERS, 2015 6 SCC 287 rendered on 19.3.2015. At paragraph Nos.30 and 31, the Court has made certain observation which reads thus:-