A complainant should be given a fair opportunity to contest a 'B' final report submitted by the police.

Learned HCGP takes notice for the respondent-State.

2.

This petition is filed by the petitioner-complainant

under Section 482 of Cr.P.C. for quashing the order in

P.C.R.No.13/2020 registered by Gundulpete Police Station,

Charmarajanagar

District

in

FIR

No.0254/2021

dated

25.08.2021 for the offence punishable under Sections 417,

419, 426, 463, 468, 471 r/w 200 of Indian Penal Code (for

short IPC).

3.

Heard Sri.Chandan H.B., learned counsel for the

petitioner and the SRi.R.D.Renukaradhya, learned High Court

Government Pleader for the respondent-State.

4.

The case of the petitioner is that the petitioner-

complainant has filed a private complaint under Section 200 of

Criminal

Procedure

Code,

1973

against

the

accused-

Sowbakkiyam for the alleged offences punishable under

Sections 417, 419, 420, 426, 468, 460 and 471 of IPC. The

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trial Court referred the complaint under Section 156(3) of

Cr.P.C. to SHO., Gundlupet Police Station for investigation.

Based on the said reference, FIR has been registered by the

Police-Investigation Officer in Crime No.0254/2021 dated

25.08.2021. After investigation, the Police-Investigation Officer

has filed a 'B' final report before the trial Court on 21.02.2022.

Thereafter, the trial Court has said to have issued a notice on

'B' final report to the petitioner-complainant. It was said to be

served on the petitioner to file protest petition, but said notice

is not served to the petitioner. Therefore, she was not able to

appear before the Court. In view of the absence of the

complainant, the trial Court dismissed the complaint by

accepting the 'B' final report submitted by Investigation Officer.

5.

Learned counsel submits that though the signature

of the petitioner-complainant is found on the complaint and on

the notice, but it is not the signature of the petitioner-

complainant. Hence, the notice was not properly served to the

petitioner. Therefore, the petitioner was not able to appear

before the Court for filing the present petition to contest the

matter.

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6.

On perusal of the notice issued to the petitioner-

complainant and it shows that she has to appear before the

Court on 08.09.2022. Thereafter, the case has been called on

20.10.2022 and summons has been re-issued to the petitioner-

complainant to present on 24.11.2022. Again, petitioner-

complainant was absent. Service of notice to the petitioner

was served personally. In spite of service of notice, the

petitioner has failed to appear before the Court and has not

challenged the 'B' final report submitted by the Investigation

Officer

and

hence,

the

'B'

final

report

submitted

by

Investigation Officer is accepted.

7.

However, considering the signature found on the

complaint and the notice issued by the Police-Investigation

Officer it shows that there is variation in the signature.

Therefore, the learned Magistrate ought to have given one

more opportunity to the petitioner to file a protest petition to

the 'B' final report and to appear before the Court.

8.

Considering the fact and circumstances of the case,

the petition deserves to be allowed.

Accordingly, the criminal petition is allowed.

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(i) The order of learned Senior Civil Judge and

JMFC, Gundlupet, accepting the 'B' final report

dated

24.11.2022

submitted

by

the

investigation officer is hereby set aside.

(ii) The complaint is restored to the file.

(iii) The trial Court is directed to give one

more opportunity to the petitioner to file a

protest petition on the 'B' final report and

direct the petitioner to appear before the

Court

without

any

further

notice,

by

01.02.2023.

Sd/-

JUDGE

SMC