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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.VISHWAJITH SHETTY
Henry D’souza, Bishop – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
S.VISHWAJITH SHETTY, J.
1. Petitioner is before this Court with a prayer to set aside the order dated 02.02.2019 passed by the Court of I Additional District and Sessions Judge, Ballari in Criminal Revision Petition No.79 of 2017, wherein the order dated 31.08.2017 passed by the Court of II Additional Civil Judge and JMFC, Ballari in C.C.No.295 of 2014 arising out of PCR No.184 of 2011 registered for offence punishable under Section 420 of IPC has been set aside and the learned Magistrate was directed to proceed with the case by framing charge against the petitioner for the offence punishable under Section 420 of IPC.
2. Heard learned counsel for the parties.
3. Respondent No.2 herein had filed private complaint before the Jurisdictional Court of Magistrate, Ballari in PCR No.184/2011 and the same was referred under Section 156(3) of Cr.P.C. to the Jurisdictional Police Station for investigation. Thereafter, FIR in Crime No.368 of 2011 was registered by Cowl Bazar Police Station, Ballari for offence punishable under Section 420 of IPC against the petitioner herein. In the said case, after investigation, the police had filed ‘B’ final Report before the Jurisdictional Court o
A Magistrate must adhere to established procedural law regarding B final report handling; failure to do so results in erroneous cognizance and proceedings.
Point of law: Cognizance of offence – set aside - Admittedly, when the notice was not served on the complainant and the impugned order was not within his knowledge, there was delay in approaching the....
A Magistrate is required to consider all police reports, including supplementary reports, before making decisions on charges, ensuring procedural fairness in criminal proceedings.
A Magistrate must independently evaluate evidence and not solely rely on police conclusions when dismissing a complaint; proper procedures under the Code of Criminal Procedure must be followed.
A Magistrate must independently assess evidence in a complaint under Section 190 Cr.P.C., disregarding police conclusions if sufficient grounds for proceeding exist, ensuring due process is followed.
The final report under Section 173(2) Cr.P.C. does not bind the Magistrate, who has the power to take cognizance of offences based on the material collected during investigation.
Magistrate was not bound by the final report submitted by the police after investigation. Once he has taken cognizance under Section 190(1)(a) Cr.P.C. he may have taken into consideration the evidenc....
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