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2002 Supreme(Kar) 316

S.R.BANNURMATH
B. A. SRINIVASA GUPTHA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.V.Rama Murthy, C.V.NAGESH, N.V.PRAKASH

S. R. BANNURMATH, J.

( 1 ) THESE two petitions are filed for quashing the proceedings in crime number 138 of 2000 and later case registered in C. C. 2388 of 2000 on the file of learned A. C. M. M. , Bangalore.

( 2 ) IN order to understand the rival contentions of both the sides it is necessary to look into the facts giving rise to the present proceedings.

( 3 ) THE undisputed facts chronologically were as follows :- i. 1) One Smt. Rathnamma contesting respondent herein had filed a private complaint under Section 200, Cr. P. C. against the petitioners/accused herein on 16/12/1997 for various offences like under Sections 307, 506, 463, 464, 470, 466, 468, 295, 324, 327, 365 and 347 all read with Sections 141 and 144, I. P. C. 2) On receipt of the complaint the learned Magistrate referred the same to the jurisdictional police for investigation and enquiry under Section 156 (3), Cr. P. C. 3) On receipt of the same the jurisdictional police registered the case in crime number 1505/97 and took up the investigation. 4) After the completion of the investigation the investigating officer on 13/03/1998 filed 'b' report. 5) Aggrieved by the same the complainant preferred protest petition on 31












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