Raju S/O Peter @ Bheemshappa vs The State Of Karnataka Through Yadgiri ... on 24 March, 2016

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Karnataka High Court

Raju S/O Peter @ Bheemshappa vs The State Of Karnataka Through Yadgiri ... on 24 March, 2016

Bench: K.N.Phaneendra

                            1




         IN THE HIGH COURT OF KARNATAKA

                KALABURAGI BENCH

       DATED THIS THE 24TH DAY OF MARCH 2016

                       BEFORE

   THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

        CRIMINAL PETITION NO.201041/2015

BETWEEN:

RAJU
S/O PETER @ BHEEMSHAPPA
AGED 36 YEARS
OCC: ADVOCATE
R/AT YADGIRI
                                        ... PETITIONER
(BY SRI J. AUGUSTIN, ADVOCATE)

AND:

THE STATE OF KARNATAKA
THROUGH YADGIRI TOWN P.S.
YADGIR.
PRESENTLY REPTD. BY
THE ADDL. SPP,
HIGH COURT BUILDINGS
KALABURAGI
                                      ... RESPONDENT
(BY SRI PRAKASH YELI, ADDL. SPP)

    THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE COMPLAINT PURSUANT TO
THE REGISTRATION OF FIR NO.349/2015 IN CRIME
NO.203/2015 BY THE RESPONDENT P.S./YADGIRI TOWN P.S.
PENDING ON THE FILE OF THE Court OF THE CIVIL JUDGE &
JMFC (SR.DN) AT YADGIRI, TO THE EVENT OF THIS
PETITIONER.
                              2




      THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:


                       ORDER

Heard. The petition is filed seeking quashing of Crime No.203/2015 (FIR No.349/2015) pending on the file of Yadgiri Town Police Station.

2. The complaint discloses that 06 accused persons named in the FIR, by name Sunil, Rohith, Jayavanth, Samson, Imanuvel, Udaya and Raju of Yadgiri alleged to have formed into unlawful assembly on 05.02.2015 near Methodist Church, Holstan hospital, Yadgiri and they assaulted the complainant by name Revarend Palmadukar S/o Janappa and also abused him with filthy language. Out of them one of the accused has declared that his brother is an advocate and he will take care of the Court cases etc. On this allegation, the petitioner who is brother of one of the accused has also arrayed as accused No. 7. 3

3. On looking to the above said facts and circumstances, there is no specific allegations against this petitioner either he was present at the spot or he made any instigation so that the Court can draw inference that he is an absentee abettor. In the absence of such material, in my opinion, if the investigation is allowed to be continued against this petitioner, it would amount to abuse of process of law. Learned Additional SPP submitted that even the statement of witnesses recorded by the police does not disclose the presence of this petitioner on the spot or he has abetted the offences in any manner. Under the above said circumstances, there is no reason to reject the petition.

4. Hence, I pass the following:

ORDER The petition filed under Section 482 of Cr.P.C., is allowed. The proceedings in Crime No. 203/2015 (FIR 4 No.349/2015) on the file of Yadgiri Town Police Station is hereby quashed so far as it relates to the petitioner is concerned.

Sd/-

JUDGE *MK

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