STATE OF KARNATAKA Vs. JANI MIYAN

JUDGEMENT

(1.) This Criminal Petition filed by the State under Section 482 Cr.P.C. as long back as 1-10-1986 is finally disposed of on merits at the stage of admission itself as the respondents-accused to whom notices were ordered on the point of admission have remained exparte.

(2.) Sri. C.H. Jadhav, learned High CourtGovernment Pleader, is heard and the records arc perused.

(3.) This Criminal Petition relates to an offence punishable under Section 506 IPC which is said to have taken place at 8-30 p.m. on 17-4-1982 at a place called "Sowbhag Bridge" coming within the jurisdiction of Gulbarga Chowk Police Station. The alleged offence was that when one Nayeemuddin came near "Sowbhag bridge" on his way to bazaar, four unknown persons came from the opposite side and started asking him as to what right he had in the land of Jani Miyan and while so asking, they assaulted him on his face and on his back with their hands. The said Nayeemuddin did not know the identity of those persons at the time he was abused and assaulted. Later, he came to know that those persons were the respondents herein. He lodged a complaint in respect of that incident at Chowk Police Station at Gulbarga at 11 a.m. on 18-4-1982. On the basis of that complaint, a case in Crime No. 138/82 was registered at Chowk Police Station for an offence under Section 506 IPC against the respondents-accused, and F.I.R. was sent to the Court on the same day. After completing the investigation, a chargesheet was also submitted in the Court of the J.M.F.C. Gulbarga on 19-4-1982 against the respondents for an offence under Section 506 IPC and it was registered in C.C. No. 3452/82. As the other accused had already appeared, the learned Magistrate ordered reissue of summons to A- 4. At that stage, respondents 1 to 3 herein filed a Revision Petition before the Sessions Judge, Gulbarga in Criminal Petition No. 712/86 challenging the investigation made by Chowk Police in respect of Crime No. 138/82 registered for an offence under Section 506 IPC on the ground that it was non-cognizable offence and, therefore, the charge-sheet had been placed in violation of Section 155 Cr. P.C. The learned Additional Sessions Judge, Gulbarga, by order dated 24-3-1984 found force in that contention and came to the conclusion that the procedure adopted by the learned Magistrate was clearly illegal. Therefore, he allowed the Revision Petition, set aside the order of the learned Magistrate and directed him to apply his mind to the matter and take an appropriate decision in the light of the observations made in that order.