IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.583/2019 BETWEEN:
SRI. SAYEED AHMED S/O LATE ABDUL SALAM AGED ABOUT 40 YEARS R/AT NO 641, KHADRI MOHALLA M.B. ROAD, KOLAR – 563 101.
... PETITIONER (BY SRI. PRABHUGOUD B TUMBIGI., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY CHIKKABALLAPURA TOWN POLICE, CHIKKBALLAPURA REP.
BY ITS STATE PUBLIC PRSOECUTOR HIGH COURT BUILDING BENGALURU – 560 001.
2. SEEMA D/O SYED MAQDOOM AGED ABOUT 26 YEARS NO.649-15, S.D.S FLOUR MILLS MUNISIPAL LAYOUT CHIKKABALLAPURA TOWN CHIKKABALLAPURA – 562 101.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.976/2016 (CRIME NO.63/2016) REGISTERED BY THE CHIKKABALALPURA TOWN POLICE FOR THE OFFENCE P/U/S 341 AND 506B OF IPC AND NOW PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND J.M.F.C., CHIKKABALLAPURA.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.Prabhugoud B. Thumbigi, learned Advocate appearing for petitioner and Sri. S.Rachaiah, learned HCGP appearing for respondents. Perused the records.
2. Second respondent herein lodged a compliant on 17.05.2016 against petitioner alleging that while she was going to bus stand, accused- petitioner had stopped her in center of road and threatened her that he would kill her with a sharp knife by holding it against her. She has further alleged that she managed to escape from the spot and came back to her house and informed her father and later on complaint came to be lodged. She has also alleged that petitioner- accused is consistently torturing her by threatening to kill her and throw acid on her face, since family members of the complainant have filed complaint against petitioner which is pending in CR.No.16/2016. Said complaint came to be registered in Crime No.63/2016 for the offences punishable under Section 341 and 506(B) IPC and after investigation charge sheet has been filed against petitioner for the said offences which is now in the midst of trial namely, proceedings is at the stage of recording further evidence of prosecution witnesses.
3. It is the contention of Sri. Prabhugoud Tumbigi, learned Advocate appearing for petitioner that wife of the petitioner had filed a complaint before Commissioner of Police and The Superintendent of Police, Chickaballapura on 05.02.2016 narrating the facts and has also narrated thereunder threat posed by complainant and her family members who have been regularly blackmailing and under the guise of such threats they would be lodging complaint and harass the petitioner and her family members.
4. He would also draw the attention of the Court to certain admissions said to have been elicited from the complainant during the course of trial to contend that none of the ingredients of the offence alleged is attracted. At the stage of considering the prayer for quashing of the proceedings, this Court would not embark upon conducting meticulous analysis of the evidence that has been tendered by the parties before the Court. The probable defense of the accused or the omissions and contradictions elicited from the prosecution witnesses would also not be in the realm of consideration. If such an exercise is undertaken and any opinion is expressed by this Court, in that regard definitely rights of either parties would be affected or it may prejudice their case before trial Court. In that view of the matter, it is not a fit case to interfere, particularly, when the allegations made in the complaint disclose alleged offence.
No grounds are made out to entertain this petition. Hence, petition stands rejected.
SD/- JUDGE RU