Unknown vs State Of Karnataka 1 ‟. Learned
2023 Latest Caselaw 3946 AP

                              HON'BLE SRI JUSTICE K. SURESH REDDY

                          CRIMINAL PETITION Nos.5627 & 5742 of 2022

COMMON ORDER:


          As both the criminal petitions filed under Section 482 Cr.P.C., arise out of the

same C.C., i.e., CC No.1358 of 2022, they are being disposed of by way of common

order.


          2. Crl.P.No.5627 of 2022 is filed by Accused Nos.2 and 3, whereas

Crl.P.No.5742 of 2022 is filed by Accused No.1, in CC No.1358 of 2022 (C.F.No.1629 of

2021) on the file of the Court of the Additional Judicial Magistrate of I Class cum

Additional Junior Civil Judge at Jaggaiahpeta, Krishna District.


          3. The 2nd respondent filed a private complaint vide C.F.No.1629 of 2021

against the petitioners, alleging the offences punishable under Sections 420, 406, 467

read with 120-B of IPC. When the above complaint came up on 05.07.2022, the Court

below passed the following docket.

"Complainant present. Heard. Number the C.C. Issue summons to the accused on payment of process. Call on 05.08.2022."

The above order is impugned in these both the criminal petitions.

4. Learned counsel for the petitioners contends that the docket order dated

05.07.2022 passed by the Court below is illegal and contrary to the judgment of the

Hon‟ble Supreme Court in „Pradeep S.Wodeyar vs. State of Karnataka 1 ‟. Learned

2021 SCC OnLine SC 1140 counsel for the 2nd respondent fairly conceded that the docket order passed by the

Court below on 05.07.2022 is not in accordance with law.

6. This Court perused the docket order. The Court below has not even applied

its mind and even not taken the cognizance of the case. The order simply states that

the complainant present. Heard. Number the C.C. Issue summons to the accused on

payment of costs. It indicates the total non application of mind by the Court below

and as such, the docket order dated 05.07.2022 passed in C.F.No.1629 of 2021, is

hereby set aside and the matter is remanded back to the Court below for passing

appropriate orders in accordance with the guidelines issued by the Hon‟ble Supreme

Court in Pradeep S.Wodeyar‟s case (supra), as expeditiously as possible.

7. Both the criminal petitions are allowed accordingly.

______________________ Justice K. SURESH REDDY Date: 31.08.2023 BSS/CVD HON'BLE SRI JUSTICE K. SURESH REDDY

CRIMINAL PETITION Nos.5742 & 5627 of 2022

Date: 31.08.2023

BSS/CVD