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2021 Supreme(Kar) 634

H.P.SANDESH
N. R. Ramakrishna – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Usman P., Advocate
For the Respondent: Namitha Mahesh B.G., High Court Government Pleader

ORDER :

H.P. Sandesh, J.

1. This petition is filed under Section 482 of Cr.P.C., praying this Court to quash the order dated 15.02.2020 Passed in PCR No. 12/2020 on the file of Civil Judge (JMFC) Koratagere and the consequent FIR registered in Crime No. 35/2020 by the first respondent-State for the offences punishable under Sections 417, 418, 419, 420, 463, 464, 465, 468, 469 read with Section 34 of IPC.

2. The factual matrix of the case is that respondent No. 2 herein had filed a complaint before the learned Magistrate and the same is numbered as PCR No. 12/2020. The learned Magistrate after receiving the complaint passed an order to refer the matter under Section 156(3) of Cr.P.C. Hence, the present petition is filed.

3. Learned Counsel appearing for the petitioners would submit that the learned Magistrate has not applied his mind while referring the matter under Section 156(3) of Cr.P.C., and mechanically passed the order for investigation and it requires an interference of this Court.

4. Learned High Court Government Pleader after taking the notice would submit that the learned Magistrate has applied his mind and passed the order.

5. Heard the submissions of the respective Counsel. T

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