IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI Crl.P. No.6992/2018 BETWEEN:
1. Mohiuddin Shariff Aged about 46 years s/o Abdul Raheem No.25, 2nd Main Kousar Nagar, R T Nagar Bengaluru-560032.
2. Md.Shakeel Rahman @ Mohammed Shakil Aged about 51 years s/o Abdul A K Shareef No.23, 1st Cross, Kousar Nagar, Dinnur, R T Nagar Bengaluru-560 032.
3. Tayab ur Rahman Aged about 50 years s/o Parveez, No.29/A 5th Cross, Rehmath Nagar, R T Nagar Bengaluru-560032.
4. Musheer Ahmed Aged about 43 years s/o Basheer Ahmed No.69/75, 3rd Main Kousar Nagar, R T Nagar Bengaluru – 560032. … Petitioners (By Sri Naveed Ahmed, Advocate) AND:
1. State of Karnataka Through R T Nagar P S Bengaluru-560032 Rep. by SPP, High Court Bengaluru-1.
2. Siddiq, aged about 68 years s/o Abdul Salam, No.92/1 3rd Cross, Kousar Nagar R T Nagar, Bangalore-32. . ... Respondents (By Sri R D Renukaradhya, HCGP for R1) This criminal petition is filed under 482 of Cr.PC praying to quash the complaint at Annexure-A, FIR at Annexure-B and final report (charge sheet) at Annexure- C and thereby the proceedings in Criminal Case i.e. CC No.5523/2018 pending on the file of the LVI Additional Chief Metropolitan Magistrate Court, Bengaluru (56 CMM) for the offences u/S.323, 325, 341 and 506 r/w 149 of IPC.
This petition is coming on for admission this day, the Court made the following:-
ORDER In the instant petition, petitioners have sought for the following relief:
(A) Quash the complaint at Annexure-A FIR in Cr.316/2017 at Annexure-B and Final Report (Charge Sheet) at Annexure-C and thereby the proceedings in Criminal Case i.e CC No.5523/2018 pending on the file of the LVI Addl. Chief Metropolitan Magistrate Court, Bengaluru (56 CMM) for the offences u/Sec.323, 325, 341 and 506 R/w 149 IPC in the interest of justice and equity.
2. Learned counsel for the petitioners submitted that having regard to the nature of allegations alleged in the complaint, the offences punishable under Sections 323, 341, 325, 506 read with Section 149 of IPC are not attracted. Hence, the FIR and consequential charge sheet in CC No.5523/2018 pending on the file of the LVI Additional CMM, Bangalore (56 CMM) are liable to be set aside. Under Section 482 of Cr.PC, scope is very limited. Apex Court from time to time held that under what circumstances, petition under Section 482 of Cr.PC could be entertained. One of the ingredient is that the allegations would fall under particular offence or not. On reading of complaint in the present petition, it is evident that the offence punishable under Section 323 of Cr.PC is attracted. In view of the fact that complainant was beaten by the accused. Further wound certificate dated 23.1.2018 has been placed on record by the learned State Counsel. There were six injuries mentioned in the wound certificate. In this regard, the doctor has opined that they are simple in nature except injury No.2, which is grievous in nature. Having regard to these facts and circumstances, petition under Section 482 of Cr.PC is not maintainable. Accordingly, petition stands dismissed reserving liberty to the petitioner to make a necessary application for discharge in accordance with law.
Sd/- JUDGE Bkm