Sri. Kumara Guru vs The State Of Karnataka
2021 Latest Caselaw 1524 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF FEBRUARY 2021

                        BEFORE

         THE HON'BLE MR.JUSTICE H. P. SANDESH

                CRL.P.No. 5505/2020

BETWEEN:

SRI. KUMARA GURU,
S/O SRI.D.LOKANATHA,
AGED AOBUT 49 YEARS,
R/AT NO.30/1,
NEHRU NAGAR,
BANGALORE - 560 020.                ... PETITIONER

(BY SRI. H.P.LEELADHAR, ADV.)

AND:

1.     THE STATE OF KARNATAKA,
       BY COMMERCIAL STREET POLICE STATION,
       BENGALURU CITY.
       REP. BY STATE PUBLIC PROSECUTOR,
       HIGH COURT BUILDING,
       BENGALURU - 560 001.

2.     SRI. SUNDAR BABU,
       S/O LATE N.REDDY,
       AGED ABOUT 61 YEARS,
       R/AT NO.66/67, G.NO.10TH STREET,
       JOGUPALYA, ULSOOR,
       BENGALURU - 560 008.           ... RESPONDENTS

(BY SMT. ANMITHA MAHESH.B.G., HCGP FOR R-1,
  SRI. PRADEEP.H.S., ADV. FOR R-2)
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     THIS PETITION IS FILED UNDER SECTION 482 OF
CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE
ENTIRE PROCEEDINGS IN CR.NO.78/2019 REGISTERED BY
THE 1ST RESPONDENT POLICE FOR THE OFFENCES UNDER
SECTION 420,467,471,468,464 OF IPC PENDING ON THE
FILE   OF    THE   XLIII  A.C.M.M., BANGALORE    IN
PCR.NO.52502/2019 UNDER ANNEXURE-A AND ALLOW THE
PETITION IN THE ABOVE CASE.

     THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

This petition is filed under Section 482 of Cr.P.C.

praying this Court to quash the proceedings in Crime

No.78/2019 on the file of XLIII ACMM, Bengaluru for the

offences punishable under Sections 420, 467, 471, 468,

464 of IPC passed in PCR.No.52502/2019.

2. The factual matrix of the case is that

respondent No.2 has filed the PCR in

PCR.No.52502/2019 before the XLIII ACMM, Bengaluru.

Learned Magistrate after receiving the complaint, has

referred the complaint to Commercial Street Police

Station under Section 156(3) of Cr.P.C. The said order

has been challenged before this Court.

3. Learned counsel for the petitioner would

submit that learned Magistrate while referring the

complaint under Section 156(3) of Cr.P.C. has not

applied his judicious mind and mechanically referred the

matter for investigation without looking into the contents

of the complaint and the documents placed along with

the complaint. Hence, it requires interference of this

Court.

4. Per contra, learned counsel appearing for the

respondent No.1/State would submit that learned

Magistrate while passing the order mentioned that he

has perused the materials placed on record and referred

the matter for investigation under Section 156(3) of

Cr.P.C. Hence, the learned Magistrate has applied his

mind.

5. Learned counsel appearing for the respondent

No.1 would submit that this Court has to look into

whether the learned Magistrate has applied his mind

while passing the order. On perusal of the order, except

mentioning that perused the materials on record, learned

Magistrate has not applied his mind whether the offences

invoked are cognizable or non cognizable offence and

even nothing is mentioned in the order whether he has

looked into the contents of the complaint and documents

produced along with the complaint. Without application

of mind the learned Magistrate has referred the matter

under Section 156(3) of Cr.P.C. for investigation.

6. Having perused the order, though the learned

Magistrate mentioned in the order that he perused the

material placed on record, he did not form an opinion as

to whether it is a fit case to refer the matter and whether

the complaint discloses the cognizable or non-cognizable

offence. The learned Magistrate failed to apply his

judicious mind and mechanically passed the order. The

Apex Court in its judgment in the case of MAKSUD

SAIYED v. STATE OF GUJARAT AND OTHERS

reported in (2008) 5 SCC 668 has categorically held

that while exercising the powers, the Magistrate has to

apply his mind while ordering police investigation under

Section 156(3) of Cr.P.C. Without applying the mind on

these principles and not considering the material on

record passed the mechanical order which amounts to an

abuse of process of law.

7. In view of the discussions made above, I pass

the following:

ORDER

(i) The petition is allowed.

(ii) The proceedings in Crime No.78/2019

on the file of XLIII ACMM, Bengaluru for

the offences punishable under Sections

420, 467, 471, 468, 464 of IPC passed

in PCR.No.52502/2019 is hereby

quashed.

(iii) The matter is remitted back to the

learned Magistrate to consider the

matter afresh and to apply his judicious

mind in view of the observation made in

the order and also the principles laid

down in the judgment of the Hon'ble

Apex Court.

Sd/-

JUDGE

KTY