RAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Petition is one under S.482 of the Cr.P.C. 1973 (for short the 'Code') presented by a certain Ramappa against the order dt. 15-12-1983 passed by the J.M.F.C. Kundgol on a private complaint made by him under S.200 of the Code against respondents 2 to 4, a Sub-Inspector and two Police Constables attached to Kundgol Police Station of Dharwad District for offences punishable under Ss.451, 323, 325, 352, 341, 342, 379, 504 and 506 I.P.C. in Private Complaint No.47/1983 directing the Superintendent of Police, Dharwad District, to investigate the complaint under S.156(3) of the Code and make a report. It may be stated here that the Magistrate did not examine upon oath the complainant and any of the witnesses and record their statement before directing investigation under S.156(3).

(2.) The correctness and legality of the order made by the Magistrate was sought to be challenged by Sri K.S. Savanur, learned counsel for the petitioner on three main grounds. Thery are :

(3.) For better appreciation of the first ground of attack, I apropos to advert to some of the provisions of the Code.