IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8250 OF 2015 BETWEEN:
SRI M DEVARAJU AGED ABOUT 47 YEARS, S/O.LATE SRI MUNIYAPPA, # 4025-6, 11TH A CROSS, SBM 50 FEET ROAD, BSK 3RD STAGE, BENGALURU-560050. ... PETITIONER (BY SRI: SARAVANA S., ADVOCATE FOR D.R.RAVISHANKAR, ADVOCATE) AND 1. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, CHIKKABALAPURA TOWN POLICE STATION CHIKKABALLAPURA TOWN-562101.
2. SRI.KRISHNAPPA, S/O LATE GIRIYAPPA, R/AT HEGGADA HALLI MAJARA, THOBUGERE HOBLI, DODDABALLAPUR TALUK-560325.
... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 H.SHANTHI BHUSHAN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH F.I.R. IN SO FAR AS IT RELATES TO THE PETITIONER IS CONCERNED, IN CRIME No.204/2015 OF CHIKKABALLAPURA TOWN POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 504, 506 OF I.P.C. AND SECTION 3(1) (x) OF THE S.C AND S.T (PREVENTION OF ATROCITIES) ACT 1989, ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPUR.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner, learned counsel appearing for respondent No.2 and learned SPP-II for respondent No.1.
Perused the records.
2. Solely on the basis of the assertion made by the complainant that during occurrence, accused No.1 threatened that he would file a case against accused No.1 and accused No.2/petitioner herein, he has been implicated in the alleged offences.
3. All the material allegations are directed only against accused No.1. The allegation made against the petitioner, even if accepted on its face value, does not constitute the ingredients of any of the offences punishable under sections 504, 506 of Indian Penal Code, much less, under Section 3 (1) (x) of The Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989(for short ‘SC/ST Act’). Petitioner was nowhere present at the spot of occurrence and has not committed any offences entailing his prosecution. Hence, registration of the FIR is an abuse of process of Court.
Consequently, the FIR registered against the petitioner in Cr.No.204/2015 for the offences punishable under sections 504, 506 r/w 3(1) (x) of SC/ST Act is hereby quashed only insofar as the petitioner is concerned. Investigation shall proceed against other accused.
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Sd/- JUDGE