ABDUL LATIEF Vs. STATE

JUDGEMENT

(1.) ON 9-12-1990, one Ibrahim lodged a complaint with the Belthangady Police, alleging in brief thus: after returning from work, at about 7. 30 p. m. , he was standing by the side of the road in front of his house at Gurumpakal. His neighbour latief also was standing by the side of the road. At that time, Ramesh, purandara, Kariya," Venugopal along with others came there. Ramesh was holding a stick. With that, he hit him on his left shoulder and on the head. Then, that group went to the place where Latief was standing and hit him with stick and chain and he i. e. , Ibrahim and Latief then ran home. Both himself and Latief had sustained injuries on account of that assault. On the said complaint, a case was registered at Crime No. 221 of 1990 of Belthangady Police Station, same was investigated into, and b-report was filed. Then, of the two injured, present petitioner-Abdul latief filed a complaint under Section 200 of the Cr. P. C. before the learned Judicial Magistrate of the First Class, Bantawal, against Ramesh Poojary and eight others respondents 2 to 9 herein. What was alleged therein was to the same effect as had been done in the complaint referred to above. Cognizance was taken by the learned Magistrate, sworn statements of the complainant and witness Ibrahim were recorded, and on the learned Magistrate finding sufficient ground to proceed, he directed issuing of process against all the accused for offences punishable under Sections 143, 148, 341, 324 read with Section 149 of the IPC, at C. C. No. 2925 of 1992.

(2.) ON the very day Ibrahim lodged complaint with Belthangady Police as referred to at the outset, i. e. , on 9-12-1990, Ramesh Poojary also lodged complaint with the said police, which came to be registered at Crime No. 220 of 1990 of the said Police Station. The said Ramesh Poojary alleged in brief thus : at about 7. 30 p. m. on that day, they got down from the bus from bantawal, and were proceeding on the road by the side of the above said ibrahim's house. At that time, Ibrahim and Latief referred to above, as also Rafeeq Khader, Abdul Rehman, Iqbal, Hameed, Mohammed bhashir, Mohammed Razaq and others made fun of them and when they questioned as to why they were doing so, they restrained them from going further, and he, i. e. , Ramesh was pushed to the ground by three of them and he was hit with stone and an attempt made on his life. This was investigated into, and on completion of the investigation, police submitted charge-sheet, alleging commission of offences punishable under Sections 143, 147, 148, 341, 324 and 307 read with Section 149 of the IPC against Abdul Latief, Ibrahim and others. The learned magistrate committed that case to the Court of Session, Mangalore, and same came to be numbered as S. C. No. 2 of 1993, and same is pending in the Sessions Court.

(3.) IN view of the above said sessions case, Abdul Latief, complainant in C. C. No. 2925 of 1992 before the learned Judicial Magistrate of the First Class, Bantawal, filed an application under Section 323 of the Cr. P. C. , requesting that, in view of the said S. C. No. 2 of 1993 pending before the Court of Session, C. C. No. 2925 of 1992 which is a countercase, also be committed to the Court of Session to be tried along with the said S. C. 2 of 1993. That request was negatived by the Judicial Magistrate of the First Class, Bantawal, by the order dated 16-10-1996. Complainant Abdul Latief questioned the said order of rejection before the learned Sessions Judge, Mangalore in Criminal Revision Petition No. 343 of 1996. The said revision petition was allowed by the learned Sessions Judge, and the learned Sessions Judge directed the learned Judicial Magistrate of the First Class, Bantawal, to consider the request of the complainant Abdul Latief in the matter of committing the case concerned to the Court of Session. When the matter thus went back to the learned Judicial Magistrate of the First Class, for consideration of the request of the complainant to commit the case, the accused before the learned Judicial Magistrate of the First Class, viz. , Ramesh Poojary and others, sought for discharge in view of the directions of the Supreme court in the case of "common Cause", a Registered Society through its director v Union of India and Others. On 15-3-1999, the learned Judicial Magistrate of the First Class, acceded to the request of the complainant Abdul Latief in the matter of committing the case to the Court of Session and so committed the case. At the same time, the learned magistrate also rejected the request of the accused Ramesh Poojary and others, in the matter of discharging them on the basis of the directions in the "common Cause" case, supra. Against both these orders, accused ramesh Poojary and others preferred revision before the learned Sessions Judge, Mangalore, at Criminal Revision Petition Nos. 39 and 40 of 1999. On 18-6-1999, the learned Sessions Judge disposed of both the revision petitions by a common order. The learned Sessions Judge allowed Criminal Revision Petition No. 39 of 1999 that related to the order of the learned Magistrate committing the case to the Court of Session. The learned Sessions Judge set aside that order, and dismissed complainant Abdul Latiefs application under Section 323 of the Cr. P. C. , under which, committal of C. C. No. 2925 of 1992 had been sought. So far as the other order of the learned Magistrate impugned in the other criminal Revision Petition No. 40 of 1999, is concerned, viz. , declining to accede to the request of the accused Ramesh Poojary and others on the basis of "common Cause" case, supra, the learned Sessions Judge dismissed that application, and specifically held that the order of the learned Magistrate in that regard stood maintained.