JOHN MICHAEL CUNHA
CELINE SUMAN SEQUEIRA D/O MR. ANTONY LOBO & CARMIN LOBO – Appellant
Versus
STATE BY PUTTUR TOWN POLICE, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – Respondent
ORDER :
Heard learned counsel for the petitioner and learned Addl. SPP appearing for respondent No.1State and learned counsel for respondent No.2.
Petitioner has sought to quash the entire proceedings in PCR No.153/2010 and CC.No.457/2015 pending on the file of Prl. Senior Civil Judge and ACJM, Puttur.
2. Though, large number of contentions are urged by the petitioner, on perusal of the order dated 31.03.2015 passed by the learned Magistrate directing summons to the petitioner, it is noticed that the said order suffers from patent error and infirmities warranting interference of this Court under Section 482 of Cr.P.C.
3. The undisputed fact is that respondent No.2 herein filed a private complaint under Section 200 of Cr.P.C., seeking action against the petitioner for the alleged offences punishable under Sections 420, 464, 465, 494 and 506 read with Section 34 of IPC.
4. The learned Magistrate referred the said complaint for investigation under Section 156(3) of Cr.P.C. Upon investigation, the Investigating Officer submitted ‘B’ Summary Report. The order sheet maintained by the learned Magistrate reveals that the learned Magistrate issued notice to the complainant. The complainant file
Kamlapati Trivedi Vs. State of West Bengal reported in (1980) 2 SCC 91
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