The dismissal of a private complaint is justified when prior similar complaints are dismissed for lack of evidence, and cognizance may be barred under procedural provisions.

ORDER :

S. VISHWAJITH SHETTY, J.

1. This criminal revision petition under Section 397 read with 401 of Cr.PC is filed with a prayer to set aside the order dated 29.11.2024 passed in PCR.No.187/2022 by the Court of Prl. Civil Judge & JMFC, Magadi, Ramanagara District.

2. Heard the petitioner - party in person and the learned Counsel for the respondents.

3. Petitioner herein has filed a private complaint in PCR.No.187/2022 before the Court of Prl. Civil Judge & JMFC, Magadi, Ramanagara District, against the respondents alleging that they have committed the offences punishable under Sections 143, 109, 120B, 504, 506, 167, 203, 192, 211, 499 read with 34 IPC.

4. The gist of allegations made against the accused is, that accused no.1 had filed a false criminal case against the petitioner, and accused no.2 had colluded with accused no.1 and had filed a charge sheet in the said case against the petitioner and a criminal case was registered against the petitioner in CC.No.222/2012 for the offences punishable under Sections 324, 506 IPC. Petitioner had filed a discharge application in the said case, which was allowed. Accused nos.3 to 5 along with accused no.1 allegedly had trespassed into the property of the petitioner and assaulted him. In respect of the said incident, petitioner appears to have filed a complaint before the jurisdictional police and FIR was registered in Crime No.152/2011 and the accused in the said case were charge- sheeted in CC.No.39/2012. Accused nos.6 to 12 are the persons who allegedly had give a false statement against the petitioner before the police, which had resulted in filing of charge sheet in CC.No.222/2012. According to the petitioner, though accused no.1 and accused nos.3 to 5 are the culprits, accused no.2 colluded with them and had registered a false criminal case against him and also had filed charge sheet in CC.No.222/2012. It is under these circumstances, private complaint was filed by the petitioner in PCR.No.187/2022. The Trial Court after recording the sworn statement of the petitioner, heard him and vide the impugned order, in exercise of its powers under Section 203 of Cr.PC, dismissed the private complaint. Aggrieved by the same, petitioner is before this Court.

5. Petitioner - party in person having reiterated the grounds urged in the petition, submits that petitioner was wrongly charge-sheeted in CC.No.222/2012. In the criminal case which was registered against accused no.1 and accused nos.3 to 5, petitioner was summoned to the police station and coerced to settle the matter. Since the petitioner did not oblige and heed to the request made by accused no.2, a false complaint was registered against him. The Trial Court having appreciated these aspects of the matter had discharged him in the said case. The learned Magistrate has failed to appreciate the aforesaid aspects of the matter and has erred in dismissing the private complaint.

6. Per contra, learned Counsel appearing for the respondents submits that petitioner is in the habit of filing false complaints and he is a court bird. Petitioner also had filed a criminal complaint against accused no.1 and accused nos.3 to 5. Accused nos.1 & 3 to 5 herein were tried in CC.No.252/2011 based on the complaint given by the petitioner and were acquitted. The judgment and order of acquittal passed in CC.No.252/2011 has been upheld by this Court in Crl.A.No.1595/2021. Petitioner had earlier filed a similar complaint against accused no.1 and the Sub-Inspector of Police of Kudur Police Station. The said complaint in PCR.No.56/2019 was dismissed by the learned Magistrate and the order of dismissal passed in PCR.No.56/2019 was upheld by this Court in Crl.P.No.5184/20