DATED

17.01.2017

PASSED

BY

CIVIL

JUDGE

&

JMFC

IN

C.C.NO.9/2017

REGISTERED

IN

CRIME

NO.92/2015

REGISTERED BY CHITTAPUR POLICE FOR THE OFFENCES

PUNISHABLE UNDER SECTIONS 406, 409, 420 R/W 34 OF

IPC ONLY TO THE EXTENT OF NOT TAKING COGINZANCE

AGAINST RESPONDENT NO.2 AND TO PROVIDE AN

OPPORTUNITY OF HEARING TO THE PETITIONER BEFORE

TAKING COGNIZANCE OF OFFENCES ON THE FINAL

CHARGE SHEET SUBMITTED BY THE RESPONDENT P.S.

UNDER SECTION 173(2) OF CR.P.C.

THESE PETITION AND REVISION PETITION COMING

ON FOR HEARING THIS DAY, THE COURT MADE THE

FOLLOWING:

O R D E R

Heard on both sides.

These two Petitions are filed with the following

prayers:

In Crl.P.No.200629/2017:

Wherefore, the petitioners most humbly prays

that this Hon'ble High Court be pleased to call

for the records and allow the present petition

by -

The allow the petition and pleased quash the

entire proceedings in CC No.9/2017 on the file

5

of the JMFC & Civil Judge, Chittapur, in the

interest of justice.

Any others as the Hon'ble Court deems fit

under the facts and circumstances of the case

granted.

In Crl.RP.200071/2018:

"Wherefore, it is prayed that this Hon'ble

Court be pleased to:

Quash

the

Impugned

Order

dated:

17/01/2017 passed by Civil Judge & JMFC

Chittapur in C.C.No.9/2017 registered in Crime

No.92/2015 registered by Chittapur police for the

offences punishable under Sections 406, 409 and

420 read with Section 34 of IPC only to the extent

of not taking cognizance against respondent No.2

and to provide an opportunity of hearing to the

petitioner before taking cognizance of offences on

the

final

Charge

Sheet

submitted

by

the

respondent P.S. U/Sec.173(2) of Cr.P.C. in the

interest of justice and equity."

In Crl.P.No.200629/2017:

Accused Nos.1 and 2 are challenging the taking

of cognizance and proceeding with the case in CC

6

No.9/2017 on the file of JMFC, Chittapur, whereas the

complainant has sought as referred to supra.

The fact remains that a private complaint came

to be filed in the year 2015 seeking action against the

Block Education Officer in respect of misappropriation of

the amount kept in the PLD Bank. The matter was referred

to the police and police after through investigation filed

charge

sheet

against

the

petitioners

in

Crl.P.

No.200629/2017 and filed charge sheet against the

petitioners in Crl.RP.No.200629/2017 and did not file

charge sheet against the Block Education Officer-Sri

Shivasharanappa. Thereafter, the Trial Magistrate took the

cognizance of the offences against accused Nos.1 and 2,

who

are

the

petitioners

in

Crl.P.200629/2017

and

proceeded with the matter. Accused Nos.1 and 2 have

challenged the filing of the charge sheet principally on the

ground

that

based

on

the

statement

given

by

Shivasharanappa, who is the Block Education Officer, the

Police have falsely implicated the present petitioners as

7

there is no allegation alleged against the present

petitioners in the complaint.

5.

This Court perused the materials on record.

The Private Complaint is not an encyclopedia to cover or

unearth all the mistakes committed by the concerned

persons. Fact remains that after receipt of the private

complaint, learned Trial Magistrate perused the complaint

averments and referred the matter to the police for

investigation under Section 156(3) Cr.P.C.

6.

Police on receipt of the private complaint,

registered a case in Crime No.92/2015 for the offences

punishable under Sections 406, 409 and 420 IPC and

conducted detailed investigation and ultimately filing a

final report under Section 173 Cr.P.C. against the

petitioners in Crl.P.No.200629/2017 for the offences

punishable under Sections 406, 409 and 420 read with

Section 34 IPC.

7.

Needless to emphasize that the police have

collected necessary materials to substantiate the charges

8

leveled

against

the

accused/petitioners

in

crl.P.200629/2017.

8.

Grouse by those persons is that in the

complaint there was no mention of names of these

petitioners and police with a ulterior motive, left out the

Block Education Of