VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. praying this Court to quash the order dtd. 24/9/2020 and further proceedings in C.C.No.3107/2020 on the file of the Principal Civil Judge and JMFC, Doddaballapura and grant such other reliefs as deemed fit in the circumstances of the case.

(2.) he factual matrix of the case is that respondent No.2 had lodged a complaint dtd. 12/5/2020 with respondent No.1 making the allegations against the petitioner that on 11/5/2020 in the evening when she was standing near her house, he came in a car and made indecent sign and when the complainant questioned the same, he abused in a filthy language and came to assault her and she went inside the house and closed the door. The complainant told him that she would lodge the complaint and hence he threatened the complainant. After 20 minutes, he came along with his friends and abused and threatened her. Based on the complaint, the police have registered the case on 30/5/2020. On perusal of the original complaint, an endorsement is made that they have conducted preliminary enquiry and registered the case on 30/5/2020. The police after the registration of the case, investigated the matter and filed the charge-sheet. Hence, the present petition is filed before this Court by the petitioner/accused.

(3.) The learned counsel for the petitioner brought to the notice of this Court photograph at Annexure-C wherein the husband of the complainant had put up the construction illegally and in this regard a compliant is given orally by the petitioner herein. The CMC, Doddaballapura has issued notice against the husband of the complainant on 24/1/2020, second notice was issued on 10/2/2020 and third notice was issued on 16/5/2020 and ultimately on 16/5/2020 the CMC, Doddaballapura passed a temporary order to remove the illegal structure put up by the husband of the complainant. The police have also issued the acknowledgment for having received the complaint from the petitioner dtd. 21/5/2020, wherein the issuance of notice and oral complaint made by the petitioner against the husband of the complainant has been stated and no action was taken by the police. However, the police have registered the case against the petitioner based on the complaint of the wife of the person, who had indulged in illegal activities. Hence, the learned counsel would contend that it is a clear case of abuse by the police wherein by taking the pre-dated complaint, case has been registered on 30/5/2020.