Karnataka Court January 1991 Judgments

H. Shivappa Vs. Sri Puttaswamy and Others

Court: Karnataka

Reported in: 1992CriLJ167; ILR1991KAR1146; 1991(1)KarLJ266

ORDER1. The sole point to be determined in this Revision Petition filed under Ss. 397 and 398 read with S. 401, Cr.P.C. is : Whether the Judicial Magistrate First Class, Davangere (for short 'the Magistrate') has committed illegality in dismissing under S. 203, Cr.P.C. a private complaint (P.C. No. 19/90) filed by the petitioner against the respondents under S. 200, Cr.P.C. by order dated 23-6-90 on the ground of want of sanction under S. 197, Cr.P.C. to prosecute the respondents after having taken cognizance of the offences under Ss. 170, 166, 415, 417, 416 and 419 all read with S. 34, I.P.C. and thereafter recording the sworn statement of the complainant and two witnesses on 4-6-90 2. Briefly stated, the relevant facts are as under : (a) Petitioner is an Advocate residing at Davangere. He claims to be an active member and worker of the Cong (I) party and a dedicated co-operator who held the reins of a Co-operative Institution called 'Bhadra Sahakara Sakkare Kharkana Niyamith, Doddaba...