IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2520/2014 BETWEEN:
1. RAJESH NAIK S/O MAHADEV NAIK, AGED ABOUT 33 YEARS, 2. MAHADEV NAIK S/O CHATRI NAIK, AGED ABOUT 60 YEARS, 3. VENKATESH NAIK, S/O KALI NAIK, AGED ABOUT 32 YEARS, 4. LAKSHMI BAI W/O MAHADEV NAIK, AGED ABOUT 55 YEARS, 5. GOWRI BAI W/O KALI NAIK, AGED ABOUT 50 YEARS, ALL THE PETITIONERS FROM 1 TO 5 ARE RESIDING AT MAHARAJAKATTE KANAKAPURA TOWN, RAMANAGARA DISTRICT – 562 117. (BY SRI RAJESH G S, ADVOCATE) …PETITIONERS AND:
1. STATE BY KANAKAPURA TOWN POLICE STATION REP. BY ITS LEARNED STATE PUBLIC PROSECUTOR BENGALURU - 560001.
2. SRI. PUTTARAMU S/O: VENKATARAMANA, AGED ABOUT 28 YEARS, R/A: MAHARAJAKATTE, KANAKAPURA – 562 117 ... RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP-II FOR R1 NOTICE TO R2 IS DISPENSED WITH VIDE COURT ORDER DATED 14.01.2019) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET BEARING C.C.NO.964/2013, DATED 27-05-2013 PENDING BEFORE THE CIVIL JUDGE (JR.DN.) & JMFC, AT KANAKAPURA.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned SPP-II appearing for respondent No.1.
2. Petitioners have sought to quash the charge sheet in C.C.No.964/2013 registered against them for the offences punishable under Sections 143, 147, 149, 323, 324, 326, 327, 341, 354, 504 and 506 of IPC.
3. The accusation made against the petitioners are that:
On 26.05.2013 at about 11 p.m., petitioners herein formed into an unlawful assembly, abused and assaulted the complainant and CWs.2 and 3 with rods and clubs and caused grievous injuries.
4. Learned counsel for the petitioners submits that the above case is registered as a sequel to the counter complaint lodged by the petitioners herein against the complainant for committing theft of tractor and trailor and agricultural equipments belonging to the petitioners .
5. On going through the material on record, it is noticed that the said counter complaint was lodged by petitioner No.1 on 24.08.2013, whereas, in the instant case, the alleged offences are stated to have taken place on 26.05.2013. In order to substantiate that during the occurrence of the incident, the complainant, CWs.2 and 3 have sustained grievous injuries, prosecution has produced the wound certificate which indicate that prosecution witnesses - CWs.2 has sustained grievous injuries and complainant and CW.1 have sustained simple injuries. Therefore, the contention of the petitioners that the initiation of prosecution against the petitioners is malafide and a sequel to the counter complaint lodged by him cannot be accepted.
6. The very fact the petitioner No.1 has lodged a complaint on 24.08.2013 in Crime No.213/2013 in respect of the incident that is alleged to have taken place on 26.05.2013 itself appears to be an after thought and a counter blast to the complaint lodged against the petitioners in Crime No.167/2013. Therefore, I do not find any justifiable reason to quash the impugned proceedings.
7. The investigating agency has collected supporting material in proof of the accusations leveled against the petitioners. Therefore, it cannot be said that the criminal action initiated against the petitioners is false and frivolous or an abuse of process of Court so as to exercise the jurisdiction under Section 482 of Cr.P.C. I do not find any merit in the petition. Accordingly, the petition is dismissed.
Sd/- JUDGE nvj