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2015 Supreme(Kar) 679

A.N.VENUGOPALA GOWDA
Shripal Jain – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For The Appellant : Hashmath Pasha
For The Respondents: Vijay Kumar Majage, HCGP and Harish H.V.

ORDER

A.N. Venugopal Gowda, J.

1. Respondent Nos. 2 and 3 having filed a complaint on 24.04.2014, under Section 200 of Cr.P.C. registered as PCR No. 9/2014 and the JMFC having referred the said complaint, under Section 156(3) of Cr.P.C. or investigation and to submit final report by 03.06.2014 and the first respondent having registered case in Crime No. 100/2014 for the offences under Sections 120(A), 406, 420, 468 of IPC and submitted the FIR, this petition was filed to quash the entire proceedings initiated in PCR No. 9/2014 and the order of reference dated 24.04.2014 and the consequent registration of FIR in Crime No. 100/2014 by the first respondent. Sri Hashmath Pasha, learned advocate, contended that the complaint filed by respondent Nos. 2 and 3 does not contain any allegation which constitute any offence and the allegations made therein being of civil nature, the order of reference dated 24.04.2014 passed by the JMFC is an abuse of process of law. He submitted that the JMFC has passed a mechanical order and the non-application of mind to the contents of the complaint being apparent, there is abuse of jurisdiction of the criminal court. He contended that before passing an orde










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