A Magistrate is not required to automatically commit a case to the Sessions Court under Section 323 CrPC before the 'hearing before charge' stage; rather, the Magistrate must evaluate available evidence at the appropriate procedural stage to determine if charges triable exclusively by the Sessions Court are substantiated.

THIS CRL.RP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri.Sachin Madev Hegde., learned counsel appearing for Sri.B.S.Sachin for the petitioner. Defacto complainant is the revision petitioner, who has prayed following reliefs in the petition;

Please to allow the criminal revision petition by setting aside the impugned order dated: 19.03.2020, passed in the memo dated: 04.12.2019 filed by the petitioner in CC No.90/2014 on the file of the Court of the Additional Civil Judge and JMFC Udupi, vide Document No.1 in so far as the not taking cognizance of the offence punishable under Section 397 , 364-A and 307 of IPC against the accused, in the interests of justice.

2. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under:

2.1. Private complaint came to be filed under Section 200 of the Cr.P.C., by the petitioner-herein alleging the commission of the offences punishable under Sections 120-A, 420, 441, 442, 379, 506, 350, 386, 405, 410, 425, 390, 108 and 141 read with Section 34 of IPC against the respondent-herein.

2.2. Since complainant wanted to prove the case by himself, learned trial Magistrate recorded the sworn statement of the petitioner.

2.3 In the said sworn statement, it has been mentioned that the petitioner was born and brought up at Mysore and his father was a retired Sub-registrar. He has further stated before the Court that he is a Chartered Accountant and has expertise in religious matters and he is a Vidvamsa, and that he teaches Vedanta to his disciples. He has also stated that he has given the astrological advice for more than 3000 people free of cost and has taught about 500 disciples free of cost.

2.4. He has further stated that accused No.5, viz., an MBBS doctor by name Dr.Krishna, approached the petitioner and requested the petitioner to accept him as a disciple and as such, he has accepted him as his disciple and has taught him medicine also. Thereafter, said Dr.Krishna got a seat in Baroda for pursuing his Master’s degree in medicine and thereafter accused No.5 stayed in the House of the petitioner for about three months.

2.5. It is also contended that he has paid to the tune of Rs.35,000/- towards the fees for the MD degree of Accused No. 5. In the year 2004, accused No.5 joined as a Doctor in Kanhangad Hospitals and was having salary of Rs.15,000/- per month.

2.6. Since, the said hospital was running under loss, there was a public advertisement for sale of the said hospital. The petitioner with the help of others purchased the same and fixed the necessary charges in the hospital for the treatment of the patients. It is also stated that certain equipment was imported and the hospital was properly maintained.

2.7. On 11.08.2011, the complainant was having serious health issues. However, on 23.08.2011, though he had no good health, he visited Udupi and there was certain financial transactions. In his detailed sworn statement running into 17 pages, he has stated that all the accused persons had deceived him.

2.8. In support thereof, the complainant examined several witnesses. Smt.Lakshmi is examined as PW-2, who has also stated in line with the PW-1 and she is the sister of PW-1, Sri.Raghunandan, examined as PW-3, is the brother-in-law of PW-1, who is also deposed in line with his wife Lakshmi. Yet another person by name Sri.Sripathi Rao, examined as PW-4, who is a process