Shivanagouda vs Gurusiddappa

K.N. Phaneendra, J.—The petitioners approached this Court praying for quashing of the entire proceedings pending in P.C. No. 25/2011 for the offences punishable under Sections 209, 417, 420, 423, 406, 408, 409, 465, 467, 468, 471, 474, 477 R/w. Sec. 34 of I.P.C. on the file of the JMFC, Saundatti mainly on the ground that the learned JMFC has referred the Private Complaint filed by the respondent herein for investigation and report on 28.11.2011. But till date the Police have not submitted any report before the Court. However, the accused have been appearing before the Trial Court unnecessarily. Therefore, their rights are incurred.

It is worth to note in this regard a decision of the Apex Court between Free Legal Aid Committee, Jamshedpur Vs. State of Bihar, wherein the Apex Court has held that:

The accused is released on bail-Need not be required to appear before the Court until charge sheet is filed and process is issued by the Court. Practice in many Magistrates'' Courts in Bihar requiring accused to appear before Court every fourteen days even though the accused is on bail is disapproved.

In view of the above said decision, the learned Counsel is directed to make a submission before the Trial Court with regard to the appearance of the accused persons and seek for exemption of the appearance of the accused persons before the Trial Court till filing of the report by the Police.

With these observations, this petition stands disposed of.