YASIRKHAN Vs. YAHIDAHMAD @ AMMAD RAZAK, @ AHMADKHAN

JUDGEMENT

(1.) The present petitioners are accused Nos.1 to 6 in C.C.No.377/2017 pending before the Civil Judge and JMFC Court, Shiggaon (for brevity hereinafter referred to as the trial Court ), for the offences punishable under Sections 143, 186, 353, 504, 506 read with Section 149 of Indian Penal Code (for brevity hereinafter referred to as IPC )

(2.) The summary of the complaint of the respondent is that, C.W.1 Siddalingappa Kariyappa Kuri, the Civil Head Constable of the 1st respondent police station had lodged a complaint with the 1st respondent police station on 21.07.2016 at 00:30 hours (as could be seen from FIR at Annexure-A). The summary of which complaint is that on 19.07.2016, while he was on duty as a Station House Officer (SHO) of the respondent police at about 7.00 p.m., one Ramesh Mallappa Kayakad (present C.W.4) appeared before him and lodged a complaint which was registered in their station Crime No.181/2016 for the offences punishable under Sections 186, 332, 342, 353, 354, 354B, 504, 506 read with Section 34 of IPC and under Section 3 of Prevention of Damage to Public Property Act, 1984. On the said night at about 9 O clock, the Investigation Officer in the matter arrested and brought five accused in the said crime and he was complying the arrest formalities. At that time, a person accompanied with 15 to 20 persons entered the police station and claiming himself to be a Zilla Panchayat Member and an active Politician questioned the arresting of those five accused in Crime No.181/2016 and questioning the authority of the police to arrest them and threatening of dire consequences, took the law into their hand and attempted to take away all those five accused with them. At that time, all those five accused who were arrested assaulted the complainant joined by the alleged Zilla Panchayat Member and obstructed the complainant from discharging his duty as a public servant. The complainant has also stated that, since he received a telephone call from home with respect to some problem, he left to his house. The said complaint was registered in the respondent station Crime No.183/2016 for the offences punishable under Sections 186, 353, 504, 506 read with Section 34 of IPC. After the investigation, the police have filed charge-sheet against the present petitioner for the offences punishable under Sections 143, 186, 353, 504, 506 read with Section 149 of IPC. Seeking quashing of the said criminal case, the accused therein have filed this present petition.

(3.) The respondent-State is being represented by learned High Court Government Pleader.