Case Note & Summary
The petitioner, Smt Deepa H, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking to quash the entire criminal proceedings in C.C.No.19587/2016 (arising from PCR No.3474/2016) pending before the 56th Additional Chief Metropolitan Magistrate, Bengaluru. The proceedings were initiated by the respondent, Smt Shashikala, through a private complaint alleging offences punishable under Sections 419, 420 and 426 of the Indian Penal Code, 1860 (IPC). The petitioner contended that the Magistrate had recorded the sworn statement of the complainant and taken cognizance, issuing summons, and that the burden was on the respondent to prove the allegations. The court heard the learned counsel for the petitioner, Sri G.S. Balagangadhar, and perused the records. The court found no strong reasons to interfere with the Magistrate's order of taking cognizance and issuing summons. The court noted that the Magistrate had properly recorded the sworn statement and taken cognizance, and that the trial should proceed with the recording of evidence under Section 244 Cr.P.C., providing an opportunity to both parties before framing charges. Consequently, the petition was dismissed.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 Cr.P.C. - Private Complaint - The petitioner sought quashing of proceedings in a private complaint for offences under Sections 419, 420 and 426 IPC. The court held that the Magistrate had properly recorded sworn statement and taken cognizance, and no strong reasons existed to interfere. The trial must proceed with evidence under Section 244 Cr.P.C. (Paras 1-2).
Issue of Consideration
Whether the criminal proceedings in C.C.No.19587/2016 for offences under Sections 419, 420 and 426 of IPC should be quashed under Section 482 Cr.P.C.
Final Decision
The petition is dismissed. The court found no strong reasons to interfere with the Magistrate's order of taking cognizance and issuing summons. The trial shall proceed with evidence under Section 244 Cr.P.C.
Law Points
- Criminal Procedure Code
- 1973
- Section 482
- Indian Penal Code
- 1860
- Sections 419
- 420
- 426
- Private Complaint
- Cognizance
- Summons
- Sworn Statement
- Section 244 Cr.P.C.
Case Details
2018 LawText (KAR) (02) 2
Criminal Petition No.3104 of 2017
Sri G.S. Balagangadhar (for petitioner), Sri A.C. Nagaraj (for respondent)
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. to quash proceedings in a private complaint for offences under Sections 419, 420 and 426 IPC.
Remedy Sought
Petitioner sought quashing of entire criminal proceedings in C.C.No.19587/2016.
Filing Reason
Petitioner challenged the Magistrate's order taking cognizance and issuing summons in a private complaint filed by the respondent.
Previous Decisions
The Magistrate had recorded sworn statement, taken cognizance, and issued summons against the petitioner.
Issues
Whether the criminal proceedings should be quashed under Section 482 Cr.P.C.?
Submissions/Arguments
Petitioner's counsel contended that the Magistrate had recorded sworn statement and taken cognizance, and that the burden was on the respondent to prove allegations tentatively for framing charges.
Ratio Decidendi
The Magistrate properly recorded sworn statement and took cognizance; no strong reasons exist to quash proceedings under Section 482 Cr.P.C. The trial must proceed with evidence under Section 244 Cr.P.C.
Judgment Excerpts
I do not find any strong reasons to interfere with the order passed by the learned Magistrate in taking cognizance and issuing summons against the petitioner herein for the offences under section 419,420 and 426 of IPC.
In that process, the Magistrate has to record evidence under Section 244 of Cr.P.C. by providing an opportunity to both parties and then take appropriate decision.
Procedural History
The respondent filed a private complaint (PCR No.3474/2016) before the 56th Additional Chief Metropolitan Magistrate, Bengaluru, which was registered as C.C.No.19587/2016. The Magistrate recorded sworn statement, took cognizance, and issued summons against the petitioner. The petitioner then filed Criminal Petition No.3104 of 2017 under Section 482 Cr.P.C. seeking quashing of the proceedings. The High Court dismissed the petition on 8 February 2018.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): Section 482, Section 244
- Indian Penal Code, 1860 (IPC): Section 419, Section 420, Section 426
