BASAPPA MAHADEVAPPA GANIGER Vs. BALASAHEB SHIVARUDRAPPA KUMAR DESAI

JUDGEMENT

(1.) In this petition the order dated 6-8-1977 passed by the Addl. Chief Judicial Magistrate, Dharwar, in PC. No. 9 of 1977 and the order dated 22-6-1977 in the Said case are challenged.

(2.) The relevant facts are that the petitioner filed a complaint against respondents 1 to 4 alleging that they had committed offences under Secs. 406, 417, 418, 468 and 447(A) read with' Sec. 34 of IPC before the Chief Judicial Magistrate, Dharwar, on 31-3-1977. The Chief Judicial Magistrate directed investigation and report of the police under Sec. 156(3) Cr.PC. On 18-4-1977 the Chief Judicial Magistrate made over the case to the Addl. Chief Judicial .Magistrate by recording in the order sheet as follows :

(3.) Sri R. V. Jayaprakash,slearned advocate appearing on behals Of the petitioner, urged that the Chief Judicial Magistrate had no jurisdiction and power to deal with the case when he had made over the case to the Additional Chief Judicial Magistrate and as such, the order dated 22-6-1977 is not a valid order sustainable in law. He also argued that the order dated 22-6-1977 passed by the Chief Judicial Magistrate is not sustainable as he does not appear to have applied his mind to the facts and circumstances of the case before him while accepting the summary prayed for by the police in their final report,