H.N.NARAYAN
U. Shivanna and Another – Appellant
Versus
L. Anjanappa and Another – Respondent
H.N. Narayan. J. - The first respondent filed a private complaint under Section 200 of the Cr. P.C. before the Additional Chief Judicial Magistrate. Bangalore Rural District. Bangalore alleging offences punishable under Section 167, 403, 406 etc. The Magistrate before whom the complaint was placed directed the Counsel for the complainant to produce all the documents. After taking cognizance of the offences alleged learned Magistrate recorded the sworn statement and marked certain documents and posted the matter for further orders. The learned Magistrate thereafter found it necessary to order for investigation of the case by the police. Therefore, acting under Section 202 of the Cr. P.C. the jurisdictional Dy. S.P. was directed to investigate the case and file a report.
2. The Dy. S.P. on receipt of the copy of the complaint; without the order of the Court registered a criminal case against the petitioners under Sections 167, 403, 406, etc. in Crime No. 161 of 2000 of the concerned Police Station.
3. Aggrieved by the order of the Magistrate referring the complaint under Section 202 of the Cr. P.C. and a registration of the criminal case by the police against the petitioners, t
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