LAWS(KAR)-2018-1-526

KISHOR PIRAJI KHARAT Vs. RAJESHWAR REDDY KARNATI VENKATA

Decided On January 09, 2018
Kishor Piraji Kharat Appellant
V/S
Rajeshwar Reddy Karnati Venkata Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent No.2. Respondent No.1 and his counsel are remained absent.

(2.) Respondent No.1 has filed a private complaint in PCR No.1547/2016. The learned Magistrate has referred the complaint for investigation under Section 156(3) of Cr.P.C. to the jurisdictional police for investigation and report. The said order of referring the complaint to the police is called in question before the Court. Though the learned counsel has also challenged the reference order on various other grounds, in my opinion the order is not technically sound. In view of the decision rendered by the Apex Court reported in (2015)6 SCC 287 in the case of PRIYANKA SRIVASTAVA AND ANOTHER Vs. STATE OF UTTAR PRADESH AND OTHERS, the Apex Court has categorically observed at paragraphs 30 and 31 in the following manner:

(3.) In view of the above said dictum of the Apex Court, it is clear that the complainant has to file an affidavit about the efforts made by him under Sections 154(1) and 154(3) of Cr.P.C. and also the affidavit should contain the truthfulness and the contents of the complaint. In the absence of such affidavit being filed, the Magistrate gets no jurisdiction to refer the private complaint for investigation under Section 156(3) of Cr.P.C.