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1992 Supreme(Kar) 40

GOUTAM – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
A.B.PATIL, F.S.DABALI, M.Mari Gowda

N. D. V. BHATT, J.

( 1 ) THIS petition is preferred with a prayer to quash the entire proceedings in P. C. No. 41/89 (C. C. No. 1014/89, on the file of the Judicial Magistrate First Class (hereinafter referred to as "jmfc'), I Court, Hubli. The facts relevant for the disposal of this petition, briefly stated, are as under:

( 2 ) THE instant respondent 2, Parashuram, filed a complaint under S. 200, Cr. P. C. , before the JMFC, I Court, Hubli asserting that the instant petitioners have committed offences punishable under Ss. 323, 504 r/w 34 of I. P. C.

( 3 ) THE learned JMFC, on the receipt of the complaint, passed an order dt. 11-8-1989 which reads as under :"complainant present and filed complaint U/s. 200, Cr. P. C. Cognizance taken. Register the case and sent it to Gr. P. S. I. for investigation U/s. 156 (3),cr. P. C. returnable by 1-9-89". Thereafter, it is seen that, the Police Sub-Inspector, Hubli investigated into the matter and filed charge sheet before the JMFC. It is also seen that after the charge sheet was received, the JMFC passed an order dt. 24-10-l989, directing the issue of summons to the accused. It is also seen that, thereafter, the plea of the accused was also reco













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