IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO. 494 OF 2014 BETWEEN:
1. SRI MOHAMMAD SHARIF BAKAVI S/O K.ABDUL KHADER AGED ABOUT 50 YEARS TEACHER (TEACHING CLASS) JAMMA MASJID KATIPALYA MANGALORE-575 030.
2. SRI P.M.SALIM RAFI S/O MOHAMMAD RAFI AGED ABOUT 42 YEARS KATIPALYA MANGALORE-575 030.
…PETITIONERS (BY SRI U.S.YOGESH KUMAR, ADV. - ABSENT) AND:
1. STATE OF KARNATAKA REP. BY PSI SURATHKAL STATION MANGALORE-575 030.
2. SRI.ABDUL JABBAR S/O.HUSSAINABBA AGED ABOUT 47 YEARS NO.17, 2ND BLOCK, KATIPALYA MANGALORE-575 030.
... RESPONDENTS (BY SRI.VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R-1 SRI. ISMAIL M.MUSBA, ADV. FOR SRI V.G.BHANUPRAKASH, ADV. FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED:13.12.2013 PASSED IN C.C.NO.4672/2011 BY THE JMFC (II COURT), MANGALORE, D.K., AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners are aggrieved by the order dated 13.12.2013 passed by the JMFC (II Court), Mangalore, D.K., in C.C.No.4672/2011, whereby, the application filed by the prosecution under Section 319 of Cr.P.C. is allowed and the petitioners herein are summoned to face trial for the offences punishable under Sections 143, 147, 448, 427, 506 read with Section 149 of IPC.
2. The name of the petitioners figure in the FIR. However, based on the purported further statement of the complainant, the names of the petitioners were dropped while submitting the charge sheet. However, during trial, the complainant on oath denied having given any further statement and stood by the original statement given by him implicating the petitioners in the alleged offences. He asserted that the Investigating Officer has played mischief by introducing a false statement in the charge sheet. Considering the said evidence, by the impugned order, learned Magistrate has allowed the application filed under Section 319 of Cr.P.C. and having regard to the prima facie material available in proof of the complicity of the petitioners in the alleged offences has directed him to be added as co-accused. I do not find any error or infirmity whatsoever in the impugned order warranting interference under Section 482 of Cr.P.C.
3. Learned counsel for the petitioners submits that the parties intend to compound the alleged offences. If so, the parties are at liberty to move necessary application before the trial Court. The trial Court shall pass appropriate orders thereon in accordance with law.
With the above observations, the petition is dismissed.
Sd/- JUDGE VMB