P. SUREKHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C., praying this Court to set aside the order of issue of process dtd. 30/8/2018 passed by the Prl. Civil Judge and JMFC Court, Sindhanur in Crl.Case No.804/2018 (arising out of Private Complaint No.406/2012) against the petitioners to face trial for the offences punishable under Sec. 341, 342, 364A, 120(B) read with Sec. 34 of IPC.

(2.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2.

(3.) The factual matrix of the case is that respondent No.2 has filed a private complaint which is numbered as PC No.406/2012 before the Trial Court and the learned Magistrate after receiving the complaint took cognizance and proceeded to hold an enquiry and accordingly examined the complainant as CW.1 and also examined one witness as CW.2 and thereafter issued process against these petitioners vide order dtd. 30/8/2018 and hence, the present petition is filed seeking relief of quashing of issuance of process against these petitioners. Petitioner Nos.1 and 2 are the daughter- in-law and uncle of daughter-in-law of the respondent No.2. The allegation made against these petitioners that at the instance of petitioner Nos.1 and 2, petitioner Nos.3 and 4 subjected the respondent No.2 for abuse and without registering the case brought them to the police station and pressurized to pay an amount of Rs.30,00,000.00 in favour of petitioner No.1 and also an allegation is made that petitioner Nos.3 and 4 wrongfully confined respondent No.2 in conspiracy with petitioner Nos.1 and 2 and petitioner Nos.3 and 4 are Additional Superintendent of Police (for short 'the ASP') and Head Constable CPI and even threatened on 29/9/2012 and made them to sit till late night and asked them to come on the next date along with money.