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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 22^ND DAY OF JUNE, 2018

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO.5974/2017

C/W

CRL.P. NO.8949/2017

IN CRL.P. NO.5974/2017

BETWEEN

SRI M SHASHIDHAR

S/O V MUNIYAPPA

AGED ABOUT 39 YEARS

R/A NO.181, 11^TH CROSS

3^RD MAIN, HIG COLONY

(DOLLARS COLONY)

RMV EXTENSION, 2^ND PHASE

BENGALURU-560 094

... PETITIONER

(BY SRI. JAYAKUMAR S. PATIL, SR. COUNSEL FOR

SRI. A. MAHAMMED TAHIR, ADV.)

IN CRL.P. NO.8949/2017

BETWEEN

SRI. C. ASWATHNARAYANA

S/O LATE CHIKKAPPAIAH

AGED ABOUT 63 YEARS

R/AT NO.639

SULIBELE MAIN ROAD

DEVANAHALLI TOWN

BENGALURU RURAL DIST – 562 110 ... PETITIONER

(BY SRI. JAYAKUMAR S. PATIL, ADV. FOR

SRI. D. A. SHIVAKUMAR, ADV.)

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AND

1.

STATE OF KARNATAKA

BY MAHALAKSHMI LAYOUT POLICE STATION,

THROUGH MAHALAKSHMI POLICE

REP. BY THE HIGH COURT

PUBLIC PROSECUTOR

BENGALURU-560 001

2.

M/S COUNTY AT “SKANDA”

NO.895/1, 14^TH CROSS

MAHALAKSHMI LAYOUT

BENGLAURU-560 086

REP. BY ITS ACCOUNTANT

SRI VENKAT REDDY

S/O RAMEREDDY

AGED ABOUT 37 YEARS

... RESPONDENTS

(COMMON IN BOTH PETITIONS)

(BY SRI. CHETAN DESAI, HCGP FOR R1;

SRI. NITIN R., ADV. FOR R2)

CRIMINAL PETITION NO. 5974/2017 IS FILED

U/S.482

CR.P.C

PRAYING

TO

QUASH

THE

PCR

NO.1804/2016

AND

FIR

DATED

22.02.2016

IN

CR.NO.46/2016 FOR THE OFFENCE P/U/S 427, 406,

403, 468, 471, 420, 467 AND 120(B) R/W 34 OF IPC

REGISTERED BY THE MAHALAKSHMI LAYOUT POLICE

STATION, BANGALORE.

CRIMINAL PETITION NO. 8949/2017 IS FILED

U/S.482

CR.P.C

PRAYING

TO

QUASH

THE

PCR

NO.1804/2016

AND

FIR

DATED

22.02.2016

IN

CR.NO.46/2016 FOR THE OFFENCE P/U/S 427, 34, 406,

403, 120B, 420, 468, 471, 467 OF IPC REGISTERED BY

THE

MAHALAKSHMI

LAYOUT

POLICE

STATION,

BANGALORE.

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THESE CRIMINAL PETITIONS COMING ON FOR

ORDERS AND ADMISSION THIS DAY, THE COURT MADE

THE FOLLOWING:

ORDER

The above said two petitions are filed seeking

quashing of the PCR in 1804/2016 and the reference

order passed by the learned Magistrate in the said PCR

to the jurisdictional police-Mahalaxmi Layout police for

investigation and report, under Sec.156(3) of Cr.P.C.

and consequential registration FIR of Crime No. 46/2016

for the offences punishable under Sections 427, 406,

403, 120-B, 420, 468, 471, 467 of IPC. The petitioners

are

respectively

Accused

Nos.

1

&

2

in

PCR

No.1804/2016 on the file of the IV Additional Chief

Metropolitan Magistrate at Bengaluru City.

2.

Learned counsel for the petitioners raises a

technical ground before this court that, the learned

Magistrate has not followed the guidelines and the

complainant has not filed any affidavit in compliance of

the guidelines laid down by the Hon’ble Apex Court in

2015 (6) SCC 287 between Priyanka Srivatsava and

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another Vs. State of UP & Others, as the

Respondent (complainant in PCR No.1804/2016) has

not filed any affidavit in compliance of the said decision

of the Hon’ble Apex Court explaining about he lodging

the First Information to the police under Section 154(1)

and inaction on the part of the police and as well as

they taking steps under Section 154(3) of Cr.PC. before

filing the complaint.

3.

In the above circumstances, it is just and

necessary to note here the observation made by the

Hon’ble Apex Court in paragraphs 26 and 27 of the said

judgment, which read thus:

“26. At this stage it is seemly to state

that power under Section 156(3) warrants

application of judicial mind. A court of law is

involved. It is not the police taking steps at

the stage of Section 154 of the code. A

litigant at his own whim cannot invoke the

authority of the Magistrate. A principled and

really grieved citizen with clean hands must

have free access to invoke the said power.

It protects the citizens but when pervert

litigations takes this route to harass their

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fellows citizens, efforts are to be made to

scuttle and cu