Karnataka High Court
Ijaj S/O Abdulgani Sheikh vs State Of Karnataka on 1 April, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC-D:5935
CRL.P No. 101148 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101148 OF 2023
BETWEEN:
1. IJAJ
S/O ABDULGANI SHEIKH,
AGE. 34 YEARS,
OCC. DRIVER,
R/O. ASAR ONI,
OLD HUBBALLI,
HUBBALLI-580020.
2. HASMATKHAN
S/O GULAABKHAN KARMADDI,
AGE. 50 YEARS,
OCC. FABRICATION WORK,
R/O. ASAR ONI,
OLD HUBBALLI,
HUBBALLI-580020.
VIJAYALAKSHMI
M KANKUPPI
3. PARVEEN
Digitally signed by
W/O HASMATKHAN KARMADDI,
VIJAYALAKSHMI M KANKUPPI
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
Date: 2024.04.03 15:54:46
AGE. 32 YEARS,
+0530
OCC. HOUSEHOLD WORK,
R/O. ASAR ONI,
OLD HUBBALLI,
HUBBALLI-580020.
... PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE FOR
SRI. V.M. SHEELAVANT, ADVOCATE)
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NC: 2024:KHC-D:5935
CRL.P No. 101148 of 2023
AND:
1. STATE OF KARNATAKA,
R/BY PSI HAVERI,
RURAL POLICE STATION, HAVERI,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580001.
2. AMEERUDDIN
S/O NASEERUDDIN KHATEEB,
AGE. 28 YEARS,
OCC. BUSINESS,
R/O. VIDYANAGAR,
PASCHIM BADAVANI,
NEAR URDU SCHOOL,
HAVERI-581110.
... RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1
SRI. B.M. PATIL AND
SRI. J.B. KALASHETTI, ADVS. FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C
SEEKING TO QUASH THE ORDER DATED 20.02.2023 PASSED
BY ADDL. CIVIL JUDGE AND JMFC COURT, HAVERI IN C.C.
NO.228/2014, OFFENCE P/U/SEC. 323, 341, 504, 506, R/W 34
OF IPC, ALLOWING THE APPLICATION FILED U/S 323 OF IPC,
AND COMMITTING THE CASE TO SESSIONS COURT,
PRODUCED AT DOCUMENT NO.6 IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:5935
CRL.P No. 101148 of 2023
ORDER
This petition is filed by the petitioners-accused Nos.1 to 3 praying to quash the order dated 20.02.2023 passed by the Addl. Civil Judge and JMFC., Court, Haveri in CC No.228/2014 along with the application filed under Section 323 of Cr.P.C. and committing the case to the Sessions Court.
2. Heard learned counsel for the petitioners and learned AGA for respondent No.1 and learned counsel for respondent No.2.
3. On the information filed by the respondent No.2, a case came to be registered against the petitioners for the offences under Sections 323, 326A, 307, 341, 507, 506 r/w 34 of IPC.
4. After investigation, charge sheet came to be filed against the petitioners for the offences under Sections 323, 341, 504, 506 r/w 34 of IPC. Based on the charge sheet, learned Magistrate has taken cognizance for the said offences and registered the case in CC No.228/2014. The -4- NC: 2024:KHC-D:5935 CRL.P No. 101148 of 2023 learned Magistrate has framed the charges against the petitioners for the above said offences.
5. The informant/CW-1 has been examined as PW1. After recording the chief examination of the PW1, the learned APP has filed application under Section 323 of Cr.P.C. The petitioners filed objections to the said application. After hearing both parties, the learned Magistrate has passed order dated 20.02.2023 allowing the said application and posted the case for passing orders on committal of the case. The said order dated 20.02.2023 is sought to be quashed in the present petition.
6. Learned counsel for the petitioners contended that based on the statement of witnesses, even though the FIR is registered for the offences under Section 307 of IPC, the Investigating officer has filed charge sheet for other offences dropping the offences under Sections 307 and 326A of IPC. He contends that the injury certificate of CW1 indicate that the injuries found on CW1 are simple in nature. He contends that the impugned order is passed only based on the chief -5- NC: 2024:KHC-D:5935 CRL.P No. 101148 of 2023 examination and prior to cross examination. He submits that learned Magistrate ought to have recorded the cross examination and thereafter has passed orders on application. With this, he prays to quash the impugned order.
7. Learned counsel for respondent No.2 and learned AGA for respondent No.1 both submits that the first information and FIR contains accusations against these petitioners of throwing acid on CW1 on his chest, stomach and back and attempting to commit his murder. They further submit that after recording of the evidence of the PW1, the learned APP found evidence attracting the offence punishable under Section 307 of IPC and learned Magistrate considering the application and objections filed by the petitioners has rightly passed impugned order. With this they prayed to dismiss the petition.
8. Having heard the learned counsel for the parties, this Court has perused the records.
9. On filing of first information by CW1, case came to be registered for the offenses under Sections 323, 326A, 307, -6- NC: 2024:KHC-D:5935 CRL.P No. 101148 of 2023 341, 507, 506 r/w 34 of IPC. The first information contains accusations against these petitioners of throwing acid on chest, stomach and back of the CW1-PW1 and attempting to commit his murder. The investigating officer has excluded the offence under Section 326A and 307 of IPC in the charge sheet.
10. The first informant i.e. CW1 has been examined as PW1. PW1 in his chief examination has stated that accused No.3 giving acid bottle to accused No.1 and accused No.1 throwing acid on CW1-PW1 on his chest, stomach and when he turned he again thrown the acid on his back and attempted to commit his murder.
11. The learned Magistrate considering the ingredients of Section 307 of IPC has found that material on record will attract offence under Section 307 of IPC and accordingly allowed the application filed by learned APP under Section 323 of Cr.P.C. and posted the case for passing committal order. The averments of first information and the evidence of -7- NC: 2024:KHC-D:5935 CRL.P No. 101148 of 2023 PW1 (Chief examination) will attract offence under Section 307 of IPC.
12. On plain reading of Section 323 of Cr.P.C., it is clear that if the Magistrate at the time of trial found that the case ought to be tried by Court of Sessions, the word trial in Section 323 of Cr.P.C. will also cover the chief examination and before cross examination. The learned Magistrate found material in the first information and the chief examination of PW1 to attract offence under Section 307 of IPC, has rightly passed the impugned order. No errors are found in the impugned order.
Hence, petition is dismissed.
Sd/-
JUDGE HMB CT:BCK List No.: 1 Sl No.: 17