Heard Sri K .L. Patil, learned counsel for the petitioner

and no representation on behalf or respondent and perused the

records at the stage of admission itself.

2.

This petition is filed by the petitioner under Section

482 Cr.PC. with the following prayer:

“Therefore on these among other grounds

that are to be urged at the time of hearing it is

most humbly prayed that this Hon’ble High Court

may be pleased to quash the proceedings in CC

No.298/2019 on the file of JMFC II Court, Hubballi,

for the offences punishable under Sec.465 & 468

R/w. Sec.34 of IPC in so far as this petitioner is

concerned in the interest of justice and equity.”

3.

Brief facts of the case are as under:

A private complaint came to be filed in P.C. No.221/2018

against petitioner herein for the offences punishable under

Sections 420, 465 and 468 R/w Sec.34 of IPC, on account of

publishing the false information in the paper. Learned

Magistrate instead of recording sworn statement permitted the

advocate for the respondent to conduct chief-examination

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which is permissible and against to the established procedure.

It is suffice to say that the same has resulted in miscarriage of

justice and therefore, without further adverting to on merits of

the matter, the impugned order needs to be set-aside and

matter is remitted to the learned Magistrate to consider from

the stage of recording the sworn statement afresh in

accordance with law. Accordingly, following order is passed:

Petition is allowed. Impugned order dated 14.03.2019

taking cognizance against the petitioner is hereby set-aside.

Matter is remitted to the learned trial Magistrate to dispose of

the petition in accordance with law.

SD/-

JUDGE

AC