MAHESH @ MAHESHGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner accused under Section 482 of Cr.P.C. praying to quash the proceedings in C.C. No.2/2017 pending on the file of the Principal Civil Judge and JMFC, Athani for the offences punishable under Sections 170, 384, 504, 506 of IPC.

(2.) I have heard the learned counsel Sri Sanjay S. Katageri for the petitioner, the learned Additional S.P.P. for respondent No.1 and the learned counsel Sri.Srinand A. Pachhapure for respondent No.2 the complainant.

(3.) A complaint was registered by respondent No.2 complainant alleging that one and half month back, a call was received by the complainant stating that he is a Police Inspector from Belagavi and the complainant is involved in a sand raid squad and he knows the involvement of him in illegal sand extraction and asked him to pay Rs.25,000/-, so that he will manage the higher officials of the Police Department for his illegal activities and he instructed the complainant to come near Shanti Sagar hotel and there the complainant met him and then he came to know that the said person who had called over the phone is accused No.1 and was known to the complainant and he pretended as a Police Inspector and he threatened the complainant and he demanded an amount of Rs.25,000/-. In that light, the complainant in view of the threat given by the accused, he handed over a cheque for a sum of Rs.25,000/- signed by him through his banker Karnataka Vikas Grameena Bank. After eight days of issuance of the said cheque, the petitioner accused called the complainant and stated that there is no amount in the Bank and insisted to give the amount, as otherwise case will be registered and due to the said threat, the complainant is said to have been paid Rs.10,000/- to the petitioner. It is also further alleged that the accused has also abused in filthy language and threatened. On the basis of the complaint, a case has been registered in Crime No.141/2015. After investigation, the charge sheet was filed.