IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 5th DAY OF AUGUST. 2011 BEFORE THE HON’BLE fv1R.JUST!CE B.V.PINTO CRIMINAL PETITION NO 2911 BETWEEN: I. A. Vrishabendrachar S/o. Late. Kotrappa and Adopted son of Neelanthachar Age: 64 years, 0cc: Rtd. Principal R/o. Hosahalli village Kudligi Ta] uka — 583 135 Beflarv District — 583 1 01 2. Smt. A. Kotramma W/o. \/rishabendrachar Age: 49 years, Ccc: Household R/o. Hosahalli village Kudligi Taluka — 583 135 Bellarv District — 583 1 0 1 PETITIONERS (By Sri. B. C. Pattar. Aclv.) AND: Smi, Vijavalakshmi W/o. A. Vrishabendrachar R/o. Sandur Town Sandur Taluka - 583 119 Bellary District — 583 1 0 1 RESPONDENT (By Sri, M. M. Kannur. Adv.) ) This criminal petition is filed under Section 482 Cr,P.C seeking to quash the entire proceedings against the petitioners in C.C.No. 124/2009 on the file of the Civil Judge (Jr.Dn.) & JMPC Court, Sandur. This criminal petition coming on for admission this day, the Court made the following: - ORDER Heard Sri. B. C. Pattar, learned Counsel Ihr the petitioners and Sri, M. M. Kannur, learned Counsel for the respondent. 2. It is seen that the Magistrate has accepted the sworn statement in the form of affidavit, which is not permissible. Hence the order taking cognizance on the basis of the said sworn statement is liable to be set aside. 3. Accordingh’. the order dated 28.022009 passed in P.C.No.43/2009 is hereby set aside. The matter is remanded to the trial Court with direction to record the sworn statement of the complainant and witnesses as I -3- provided under Section 200 Cr.P.C and not by way of affidavit. The learned Magistrate is directed to proceed thereafter in accordance with law. a Petition is disposed of accordingly. gab