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Judgment
Challenging order dated 16.05.2019 passed by Principal Civil Judge and JMFC, Challakere, Chitradurga in CC no.435/2019 for taking cognizance of offences punishable under Sections 143, 147, 504, 506, 323, 324, 354, 114 read with Section 149 of Indian Penal Code, 1860 (IPC), these petitions are filed.
Criminal Petition no.4212/2019 is filed by accused no.2, 4 and 5. While Criminal Petition no.8191/2019 is filed by accused no.1, 3 and 6 to 8.
Sri. K Diwakara, learned Senior Counsel appearing for Sri Abhishek K., advocate for petitioners, had on previous occasion i.e. on 14.07.2026 contended that proceedings were being challenged on two main grounds, both of which were fatal to proceedings. Firstly about non-compliance with mandatory requirement of Section 154 (3) of Code of Criminal Procedure, 1973 (CrPC) and secondly, non-filing of affidavit containing material allegations against accused as directed by Hon'ble Supreme Court in case of Priyanka Srivastava and Anr. v. State of Uttar Pradesh and Ors., reported in (2015) 6 SCC 287. Matter was adjourned to this day to provide opportunity to counsel for respondent - complainant as he was absent on said day. Even today, there is no representation and thus, contentions remain uncontroverted.
Perusal of certified copy of private complaint appended to this petition as Annexure-B would reinforce submission of counsel for petitioner. Section 154 (3) of CrPC, mandates that prior to approaching learned Magistrate with a private complaint, complainant would first require to approach jurisdictional Police and in case of refusal to register complaint, approach jurisdictional Superintendent of Police and only in case of complainant being unsuccessful in seeking registration of complaint, he would be entitled to approach learned Magistrate with a private complaint. Mere vague assertion about complainant approaching Police and non-registration of FIR would not satisfy requirements of law. Hon'ble Supreme Court in Priyanka Srivastava's case (supra) has held non-compliance with Section 154 (3) of CrPC to be fatal. Likewise, non-filing of affidavit by complainant containing material allegations against accused. In SN Vijayalakshmi and Ors. v. State of Karnataka and Anr., reported in 2025 SCC OnLine SC 1575, it is held fatal after trial Court had passed any substantive orders on complaint.
Since trial Court herein has taken cognizance of offences against accused under order dated 16.05.2019 petitions would succeed. Hence, both petitions are allowed, entire proceedings on file of Principal Civil Judge and JMFC, Challakere, Chitradurga in CC no.435/2019 for offences punishable under Sections 143, 147, 504, 506, 323, 324, 354, 114 and Section 149 of IPC stand quashed.