AN I VIJAY D SOUZA v. ALSO QUASH THE CRIMINAL PROCEEDINGS IN CCNO5/11

(BY SRI. D. KRISHNA MOORTHY, ADV) PETlTIONER LATE SALVADORE DSA, LAWRENCE CHARLS D SA AGED ABOUT 64 YEARS, Sb DARBA HILL, PADIL POST, MANGALORE CITY, D.K DISTRICT RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CRRC. PRAYING TO QUASH THE ORDER OF ISSUANCE OF SUMMONS AGAINST THE PETITIONER DATED 10 Lii AND ALSO QUASH THE CRIMINAL PROCEEDINGS IN CCNO5/11 ON THE FILE OF I ADDL SENIOR CJ AND CJM, MANGALORE AS FAR AS THE PETITIONER IS CONCERNED HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY THIS CRIM NAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING 4 2 ORDER In this petition, the petitioner has called in question the order dated 10.01.2011 in C.C.No.5/2011 on the file of I Mdl. Senior CJ and CJM, Mangalore.

The trial court. by Impugned order has taken cognizance, registered criminal case and ordered for issue of summons. In the said order, the trial court has observed that on perusal of evidence of Pws. 1 and 2, the complainant has made out a prIma-fade case for the offence under Sections 120B, 342, 365, 384 of IPC.

The contention of the petitioner Is that the trial court has mechanIcally ordered for Issue of summons and It has erred in coming to the conclusion that prima-fade case has been made out by the complainant and has Issued the summons and It is nothing but to harass him.

Considering the grounds raised by the petitioner, I do not find there is any error In the order passed by the trial court. The trial court Is satisfied with the evidence produced by the complainant and has found that there is prIma-fade case made out. S x a m % - 0Bn ‘ — l 5 I 3 - n 9 m 0 CzaU ) . 3 t r o t — o t a3 5 o t o z a I 0 • , j c h T 0 C H G H I A K A T A N R A K F O T R U O C H G H I U S — — — A K A T A N R A K F O T R U O C H G H I A C I A T A N R A K F O T R U O C H G H I A K A T A N R A K F O T R U O C H G H I A C I * I A N C W I r o i