K.N.KESHAVANARAYANA,J. - (1.)THE limited prayer sought in this petition is to direct learned District and Sessions Judge (Special Judge), Chamarajnagar to pass order in accordance with law on the private complaint lodged by petitioner in PCR. No. 4/2012 at an earlier date and to dispose of the matter. The grievance of the petitioner is that though the private complaint was filed on 09.11.2012, the learned Special Judge has not passed any orders thereon in accordance with the provisions of Section 200 of Cr.P.C. nor he has referred the same for investigation to the police in exercise of the power conferred under Section 156(3) of Cr.P.C., on the other hand, the case is simply adjourned from time to time for the purpose of hearing and no progress has been achieved for the last 10 months. To support his contention, certified copy of the order sheet maintained by the learned Special Judge is also produced.
(2.)HAVING heard the learned Counsel for the petitioner, I find considerable force in the contentions that the matter is merely being adjourned without any substantial progress being made.
Section 200 of Cr.P.C. contemplates that when a private complaint is filed the jurisdictional Magistrate or the Special Court will have to act in accordance with the provisions contained therein. If the Court concerned, on going through the contents of the allegations made in the complaint and the documents produced therein is satisfied, about the existence of prima facie case, he may take cognizance and record the sworn statement of the complainant and witnesses, if any and thereafter, proceed in accordance with Sections 202 to 204 of Cr.P.C. If the Magistrate does not choose to take cognizance and on the other hand if he finds the matter requires investigation, he may, under Section 156(3) of Cr.P.C., refer the complaint for investigation. However in the case on hand, though the private complaint was presented on 30.10.2012, no steps in accordance with law have been taken on the said complaint. The matter is being adjourned merely for hearing the complainant and his Counsel. For the last one year no progress has been achieved in the matter. In view of the above, it is just and necessary to direct the learned Special Judge to pass appropriate orders thereon in accordance with law and proceed with the matter. Accordingly, the petition is disposed of directing the learned Special Judge to pass appropriate orders on the private complaint lodged by the petitioner in accordance with law expeditiously at any rate within two months from today.