KULKARNI V S Vs. SALIGOUDAR S B

JUDGEMENT

(1.) The petitioners had complained before the concerned authority that respondent-1 had committed offence punishable under Sece.409 465 and 477-A of the IPC. The concerned authority made enquiry, reported the matter to the Ramdurg Police and the Ramdurg Police registered a case in Crime No.69 of 1976. The police; arrested respondent-1 and produced him before the Judicial Magistrate First Class, Ramdurg on 23-7-1976. Respondent-1 was enlarged,on bail. Time to file charge-sheet was granted on various dates as per the request of the Asst Public Prosecutor. Ultimately on 5-7-1977, the Magistrate passed an order to the effect that he had disposed of the case under Sec. 159 CrlPC and had discharged Respt-1 of the offences under Sec.409, 465 and 477-A of the IPC. This order is challenged by the petitioners in Criminal Revision Petition 218 of 1978.

(2.) CrlRP.217 of 1978 arises out of the aforementioned proceedings itself. It is against the order d/ 22-8-77 passed by the Judicial Magistrate First Class, Ramdurg, holding that the charge-sheet filed in the said case was not maintainable in law, as the Court was functus offici in view of the order d/ 5-7-77 referred to above.

(3.) As common question of law arises in both these petitions, they are disposed of by a common order.