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2021 Supreme(Kar) 935

K.SOMASHEKAR
Chandmiya – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
K.Rahul Rai, Sunitha H.Singh, D.P.Mahesh, Advocate

JUDGMENT :

1. This petition is filed by the petitioners seeking for quashment of the complaint in PCR No.107/2019 and consequently registration of the case in FIR No.353/2019 pending before the Court of the Civil Judge & JMFC, Bagepalli, Chikkaballapura District and so also seeking quashment of the order dtd. 5/10/2019 passed in the aforesaid criminal proceedings initiated by the complainant against the accused.

2. Heard the learned counsel Shri D.P. Mahesh for petitioners/Accused Nos.1 to 3, who appears before court physically and so also the learned HCGP for Respondent No.1. Respondent No.2/Syed Babajan is the complainant who initiated criminal prosecution against Accused Nos.1 to 4 vide Annexure-"A". By exercising power under Sec. 156(3) of the Cr.P.C., the Civil Judge & JMFC, Bagepalli, had referred the said complaint to the Bagepalli P.S. for investigation and to submit a report thereon, and awaiting the report by 3/1/2020. Subsequent to referring the case to the police having jurisdiction to proceed for investigation, the Bagepalli Police have registered the case in Cr.No.353/2019 by recording an FIR dtd. 24/10/2019 vide Annexure-"C".

3. Learned counsel for petitioners has refer

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