ABDULLA M. Vs. B.P. RAJEEVLOCHANNA

JUDGEMENT

(1.) These petitioners have filed this petition under Section 482 of the Code of Criminal Procedure with a prayer to set aside the order dated 02.06.2016 passed by the Civil Judge and JMFC, Madikeri, in C.C.No.494/2016 arising out of PCR No.105/2016 in taking cognizance of the case and registering a criminal case against the petitioners for the offences punishable under Sections 417 , 465 and 468 read with Section 34 of IPC.

(2.) At the outset, learned Counsel for the petitioners would submit that in view of the decision of the Hon'ble Apex Court in the case of Priyanka Srivastava and Another Vs. State of Uttar Pradesh and Others reported in (2015) 6 SCC 287, the order of cognizance taken by the Magistrate is required to be set aside. It is submitted that the offence alleged are all from the Indian Penal Code . In such a situation, it has been directed by the Hon'ble Apex Court that unless and until the procedures contemplated under Section 154 (1) and (3) Cr.P.C ., are complied with, a private complaint under Section 200 of Cr.P.C. cannot be instituted and even if such private complaints are instituted, the Magistrates are required to find out if there is compliance of Sections 154(1) and (3) of Cr.P.C ., whether the complainant made a complaint to the jurisdictional Police, whether on the inaction of the jurisdictional police, the complainant has brought the same to the notice of the Superintendent of Police/Commissioner of Police, as the case may be as provided under Section 154 (3), an affidavit stating that there is compliance along with the material to substantiate that the procedures have been followed is placed before the Magistrate.

(3.) Learned Counsel submits that in the present case, the respondent-complainant has directly approached the Magistrate by filing a petition under Section 200 of the Cr.P.C. without approaching the jurisdictional police.