GURUBASAPPA GURUPADAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short point involved in this criminal petition is whether a Magistrate before whom a private complaint is filed is empowered to refer the complaint for investigation under Sec.156(3) of the CrlPC, if the offences disclosed in the complaint are exclusively triable by the Court of Sessions.

(2.) The facts necessary for deciding the question involved in the petition may be stated as under: The petitioner herein filed a private - complaint under Sec.200 CrlPC on 26-8-77 against respondents-2 to 19 before the Munsiff and JMFC, Ranebennur alleging commission of offences punishable under Secs.395, 149, 447 and 504 read with Sec.34 IPC. After the complaint was filed, the Magistrate, under his order d/ 29-8-77, referred the case to the Circle Inspector of Police, Ranebennur for investigation and report under Section 156(3) CrlPC.

(3.) The question now for consideration will be whether this order referring the complaint for investigation under Sec.156(3) CrlPC is valid in law.