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SURAJ GOVINDARAJ
Jagan Chandy S/o Late M. C. Chandy – Appellant
Versus
Jagadish K. A. S/O Late Major K. R. A. Gowda – Respondent
ORDER :
1. The respondent filed a private complaint under Section 200 of Cr.P.C. read with Section 499 IPC. Cognizance having been taken, criminal process having been issued in C.C.No.1524/2017 by the II Additional Chief Metropolitan Magistrate, Bengaluru, challenging the same the petitioner is before this Court seeking for the following reliefs:
To quash the entire proceedings in C.C.No.1524 of 2017 in the court of II Additional Chief Metropolitan Magistrate, Bengaluru, to meet the ends of justice.
2. Sri.S.G.Bhagavan, learned counsel for the petitioner would submit that:
2.1. Firstly, that in terms of Rule 1 of Chapter VII of the Criminal Rules of Practice, a Magistrate is required to record the order sheet in his own handwriting. In the present case, the same having been typed, the order of cognizance is bad in law and is required to be quashed.
2.2. Secondly, that the initiation of criminal proceedings by way of issuance of summons is required to be exercised with circumspection and should not be resorted to unless there is exfacie criminal case made out. In this regard, he relies upon the decision of the Hon’ble Supreme Court in the case of Sunil Bharti Mittal vs. Central Bureau of
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