Judicious mind essential while taking cognisance: Karnataka HC

The High Court said that application of judicious mind becomes essential while taking cognisance of a case, notwithstanding the ‘B’ closure report. Quashing the order of a magistrate court rejecting the ‘B’ report only based on the statement of the complainant, the high court said that reasons will have to be recorded in such circumstances.

The petitioner was the successful bidder in an auction sale by the Karnataka State Financial Corporation (KSFC) in 2009. A complaint under IPC section 506 (criminal intimidation) was filed by the person connected to the property and after an investigation the police filed the ‘B’ report. When this was challenged by the complainant, the Additional Civil Judge and JMFC, Udupi, directed the police to register a criminal case.

Justice M Nagaprasanna said that merely because a complainant files a protest petition against filing of the ‘B’ report, the magistrate ought not to be swayed away by such protest petitions. The court noted that the complaint was filed by a frustrated litigant, who wanted to settle scores against the petitioner, who was an innocent purchaser in the auction process. The court also observed that there have been several instances of registration of criminal cases by handiwork of certain disgruntled complainants.  

“Merely because the property belonged to the complainant and it having been sold in public auction, the criminal trial could not have been set in motion. It is in such cases, the magistrate before whom the proceedings are instituted must have exercised care and caution while taking cognizance of the allegation of such offence,” the court said.