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1987 Supreme(Kar) 42

M.S.PATIL
BASAPPA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
F.V.PATIL, S.S.KOTI

PATIL, J.

( 1 ) IN this petition the petitioners have sought to challenge the legality and correctness of the order passed by the sessions Judge directing the Judicial magistrate First Class, Haveri, to consider the 'b' Summary report afresh after giving an opportunity to the complainant to prove his case.

( 2 ) THE petition arises in this way : respondent-2 filed a complaint to the police, Haveri, alleging commission of the offences punishable undersections 147, 148, 427, 447, 504 and 506 r/w section 149 I. P. C. On the said complaint the police registered case in Crime no. 229 of 1982 and issued F. I. R. to the court. After completion of the investigation the police sent a 'b' summary report saying that the complaint was false. Although respondent-2 protested to the acceptance of the 'b' summary report by filing a protest memo, the Magi' strate accepted the 'b' summary report. Being aggrieved thereby, respondent-2- approached the Sessions Judge in revision. The Sessions judge, while allowing the revision; having directed tne magistrate to consider the 'b' summary report afresh as stated earlier, the petitioners who are accused have app. reached this Court with this petition.

( 3




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