IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE G.NARENDAR CRIMINAL PETITION NO.7059 OF 2019 BETWEEN:
1. SRI NARAYANASWAMY, S/O.KRISHNAPPA, AGED ABOUT 45 YEARS, R/AT JAPTI HOSAHALLI VILLAGE, KASABA HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPURA, DISTRICT-561203.
2. SRI SHIVAPPA @ SHIVANANDA, S/O.LATE MUNIPOOJEGOWDA, AGED ABOUT 60 YEARS, R/AT JAPTI HOSAHALLI VILLAGE, KASABA HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPURA DISTRICT - 561203.
...PETITIONERS (BY SRI MURTHY K, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, THE STATION HOUSE OFFICER, SIDLAGHATTA, REPRESENTED BY ITS GOVERNMENT PLEADER, HIGH COURT COMPLEX, BANGALORE-560009.
2. SRI PRAKASH, S/O LATE MUNIANJANAPPA, AGED ABOUT 51 YEARS, R/AT JAPTI HOSAHALLI VILLAGE, KASABA HOBLI, SIDLAGHATTA TALUK, CHICKBALLAPURA DISTRICT - 561203. …RESPONDENTS (BY R.D.RENUKARADHYA, HCGP) ***** THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AT ANNEXURE-G IN CR.NO.169/2019 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN) AND C.J.M., SIDLAGHATTA, CHIKKABALLAPURA DISTRICT, REGISTERED BY THE 1ST RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 143,147,323,324,354,427,504,506 R/W 149 OF IPC DATED 01.07.2019 AND ALLOW THIS CRL.P AS PRAYED.
THIS PETITION COMING ON FOR ADMISSION THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP.
2. Petitioners are present before this Court being aggrieved by the registration of the FIR in Crime No.0169/2019 by the Shidlagatta Rural Police Station.
3. Learned counsel for the petitioners would invite the attention of this Court to Annexure-E - Wound Certificate issued by the Medical Officer, General Hospital Shidlaghatta, Chikkaballapur District, and would attempt to convince the Court that on account of injuries suffered petitioner No.1 was hospitalized as inpatient for three days and hence, the FIR lodged against the petitioners is on account of a false complaint.
4. Per contra, learned HCGP would submit that it is a case of complaint and counter complaint and hence, question of entertaining the petition would not arise.
5. On perusal of Annexure-E, the wound certificate, the injuries are mentioned as under:
i. abrasion over right forearm measuring ¼ cm X ¼ cm fresh; and ii. abrasion over left temporal region measuring ¼ cm X ¼ cm fresh.
The Doctor has certified that the injuries as simple in nature and it is these injuries, on the basis of which the petitioner would attempt to convince the Court as the reason for his hospitalization for three days. The contention defies logic and is irrational. No ground made out in this petition.
Hence, petition being devoid of merits, stands rejected.
BSR Sd/- JUDGE