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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 8^TH DAY OF APRIL, 2021

BEFORE

THE HON’BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL PETITION No.200998/2018

BETWEEN

NARASIMHA ACHARYA

AGE: 38 YRS OCC: BRANCH POST MASTER

R/O GANAMUR B.O VILLAGE

AT YARMAS CAMP S.O

TALUKA AND DIST: RAICHUR-587101

...PETITIONER

(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)

AND

1. EARANNA OORENAKA S/O LAXMAPPA

AGE: 41 YRS OCC: AGRIL

R/O GANAMUR VILLAGE

TQ & DIST: RAICHUR-587101

2 . THE STATE OF KARNATAKA

R/BY ADDL. SPP KALABURAGI BENCH

THROUGH YAPALADINNI P.S.

DIST: RAICHUR-587101

…RESPONDENTS

(BY SRI GANESH S. KALABURGI, ADVOCATE FOR R1;

SRI SHARANABASAPPA M. PATIL, HCGP FOR R2)

THIS CRL.P FILED U/S.482 OF CR.P.C. PRAYING TO

QUASH THE PRIVATE COMPLAINT AND CONSEQUENTLY SET

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ASIDE THE ORDER OF TAKING COGNIZANCE AND ISSUE OF

PROCESS

DATED

04.05.2017

ARISING

OUT

OF

CC

NO.1365/2017 (PRIVATE COMPLAINT NO.391/2013) FOR THE

OFFENCES PUNISHABLE U/SEC.409, 467, 468, AND 471 OF IPC

PENDING ON THE FILE OF THE JMFC-III COURT AT RAICHUR.

THIS PETITION COMING ON FOR HEARING, THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

Petition under Section 482 of Cr.P.C. by accused in

Crime No.14/2014 of Yapaladinni police station, district

Raichur, for the offences punishable under Sections 409,

467, 468, 471 of IPC.

2.

Brief facts which are necessary for disposal of

the Petition are as under:

One Eranna Orenaka s/o Laxmappa of Ganamoor

village, Yapaladinni police station limits, district Raichur

filed a private complaint under Section 200 of Cr.P.C.

contending that in the year 2008 accused was working as

a Sub-Post Master and he did not make necessary entries

in the pass book of S.B.Account wherein the deposits made

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by the complainant was not reflected and sought for action

against the accused. The said complaint was referred to

the police for investigation as contemplated under Section

156(3) of Cr.P.C.

3.

After thorough investigation, police filed 'B'

final report on 28.07.2015. The complainant filed a

protest petition and learned Magistrate by order dated

04.05.2017 passed the following order:

"The complaint of the complainant against

the accused person for the offence punishable

under Section 409, 467, 468 and 471 of IPC.,

is hereby allowed.

Office is hereby directed to register criminal

case against the accused in Criminal Register

No.III and to issue summons to accused if PF

paid."

4.

Learned

counsel

for

the

petitioner

Sri Shivanand V. Pattanashetti, vehemently contended that

the learned Magistrate did not pass any order on the 'B'

summary report filed by the Investigating Officer and

straightaway passed the impugned order on 04.05.2017

without following the proper procedure.

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5.

He

further

argued

that

without

judicial

application of mind, mechanically order came to be passed

by the learned Magistrate, which has resulted in grave

injustice to the petitioner.

6.

In this regard, he drew the attention of the

Court to the order sheet dated 28.07.2015, 17.12.2015

and 04.04.2017 which reads as under:

"28.07.2015

This is a B/C final report filed by PSI

Yapaladinni

P.S.

Raichur

and

prays

for

accepting the same.

Perused the B/C final report and other

connected police papers u/s 409, 467, 468,

471 IPC.

Issue

notice

to

complaint

returnable

by

1/8/2015.

17.12.2015

Complainant present.

T.J.Adv. prays time.

Call on 19.01.2016.

04.04.2017

Complainant

&

counsel

present

kept

by

complainant & counsel present complainant

examined as CW.1 Ex.C1 to C4 (a) (b) (c)

marked.

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Counsel closed the side of complainant

counsel prays time for hearing.

Granted.

Call on 12.04.2017."

7.

According to him, after recording the evidence

when the matter stood posted for hearing no order came

to be passed as to acceptance or otherwise of 'B' report.

But order came to be passed on 04.05.2017 for issuance of

process.

8.

It is