IMPORTANT POINT
Summoning of accused in a criminal case is a serious matter – Criminal Law cannot be set into motion as a matter of course – In order issuing summons, Magistrate has to record his satisfaction about a prima facie case against accused.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.09.2015 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No. 3989/2014 and Criminal Petition No. 3990/2014, by which the High Court has dismissed the said revision petitions and has confirmed the judgment and order passed by the learned Sessions Court, by which the learned Sessions Court set aside the order passed by the learned Judicial Magistrate, First Class, Mangalore dated 24.09.2013 issuing summons against original accused nos. 1 to 8 – respondents herein, the original complainant has preferred the present appeals.

2. The facts leading to the present appeals in nutshell are as under :

That the appellant herein – original complainant filed a private complaint against in all thirteen accused (accused nos. 1 to 13) in the Court of the learned Judicial Magistrate, First Class, Mangalore being P.C. No. 119/2013 for the offences punishable under Sections 406, 418, 420, 427, 447, 506 and 120B read with Section 34 IPC. It was the case on behalf of the complainant that he is the absolute owner and in possession & enjoyment of the immovable property described in the schedule attached to the private complaint and the schedule properties were surrounded by a stone wall as boundary. That the schedule properties are abutting Mangalore-Bajpe Old Airport Road. It was stated that there were valuable trees on the schedule properties.

2.1 It was contended that the accused No.1 is a company incorporated under the Companies Act and accused No.2 being Chairman and accused No.3 being Managing Director and accused No.4 being Deputy General Manager (Civil & Env.) of accused No.1 and accused No. 5 was the planner and executor of the project work of accused No. 1.

2.2 It was stated that accused No. 6 is also a Company incorporated under Companies Act. Accused No.7 was its chairman. Accused No. 8 was the Executive Director, Accused No. 9 was the Site supervisor of accused No.6. Accused No.10 was the sub-contractor under accused No.6 and accused Nos. 11 to 13 were the employees of accused No.10.

2.3 It was contended by the complainant that accused No.1 intended to lay water pipeline by the side of Mangalore-Bajpe Old Airport Road abutting the schedule properties. In that regard, he had obtained permission from the Department of Public Works, Mangalore. Accused No.2 on behalf of accused No.1 appointed accused No.6 as a contractor for execution of the said project of laying the water pipe line. Accused No.6 in turn authorized accused Nos. 7 and 8 to execute and oversee the said work. They in turn had appointed accused No.9 as site supervisor and the accused No.10 being the sub-contractor engaged accused Nos. 11 to 13 as labourers. Accused Nos. 4 and 5 were entrusted the work of supervision and overseeing the pipeline works carried out by accused Nos. 6, 7 and 8 through accused Nos. 9 and 10 to 13. Accused Nos. 6 to 8 had put into service heavy machineries and excavators and their vehicles for carrying out the work. It was contended that accused Nos. 2 to 5 and 7 to 13 had conspired with common intention to lay the pipeline beneath the schedule properties belonging to the complainant without any lawful authority and right whatsoever. In furtherance thereof, they had trespassed over the schedule properties and demolished the compound wall which was having the height of 7 feet and foundation of 2 feet to a distance of 500 metres. They had cut and destroyed 100 valuable trees and laid pipeline beneath the schedule properties. It was contended that when this high-handed act was committed by the accused, the complainant was out of station and he came back on 21.4.2012 and noticed the destructive activities. The accused have committed the act of mischief and waste and caused pecuniary loss of more than Rs.27 lakhs to the complainant. All the accused are jointly and severally liable to make good the loss to the complainant.

2.4 It was co