BASAVARAJENDRA Vs. RAVINDRA

JUDGEMENT

(1.) The Petitioner has challenged the order dated 26-9-2009 passed by the Principal Civil Judge (Senior Division), MACT-V, Jamakhandi, in CC No. 44 of 2009, directing the registration of the case against the Petitioner and the issuance of the process to the Petitioner and for quashing of the entire proceedings.

(2.) The facts of the case in brief are that the Respondent 1 filed a complaint on 22-5-2008. The sum and substance of the complaint is that at 9.45 p.m. on 21-5-2008 the Respondent 1 was coming from the house of the Siddu Nyamegouda. On noticing him, the Petitioner stopped his vehicle and abused the Respondent 1 as 'rascal'. He threatened that he would annihilate the Congress Party from its base. Further, the Petitioner took a lati from the Police Constable and hit the Respondent 1 on his right leg. He snatched the gun from the gunman and threatened, showing it at the Respondent 1, that he would finish off the Respondent 1. On hearing the cry of the Respondent 1, Sriyuths Siddu Nyamegouda, K.K. Mathad and Bhaskar Badiger came down. The Petitioner heaped vulgar words like 'rascal' and 'bastard' on them and boarded his jeep. The police have filed the 'B' report. The Respondent 1 filed the protest petition to the 'B' report. Thereafter the Trial Court proceeded to record the sworn statement and take the cognizance and issue the process to the Petitioner, vide its order dated 26-9-2009.

(3.) Sri H.S. Chandramouli, the learned Counsel for the Petitioner submits that the complaint filed by the first Respondent is a counterblast against the Crime No. 77 of 2008 registered against 12 persons including the first Respondent. He submits that the delay in filing the complaint as explained by the Respondent 1 is unacceptable. The first Respondent has stated that the delay in filing the complaint is on account of the nightfall on 21-5-2008 and the holding of the elections on 22-5-2008. According to Sri Chandramouli-Petitioner was arrested at 1 'o clock in the intervening night between 21-5-2008 and 22-5-2008. The learned Counsel complains of non-application of mind on the part of the Trial Judge.