LAWS(KAR)-2021-10-61

VIJAYARAJ B.P Vs. STATE OF KARNATAKA

Decided On October 22, 2021
Vijayaraj B.P Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1-State. Respondent No.2 has been served with notice, but there is no representation on her behalf.

(2.) This is a petition under Sec. 482 of Cr.P. C., for quashing the order dated 19.12. 2019 passed in C.C.No.1426/2019 by the Civil Judge and JMFC, Kushalnagar, for taking cognizance in respect of the offences punishable under Ss. 341, 324 and 506 of IPC and issuing summons against the petitioner.

(3.) The factual background is that at the instance of the second respondent, FIR in Crime No.66/2019 was registered by the first respondent police for the offences punishable under Ss. 506, 341, 324 and 114 of IPC. The first accused is one Vishwanatha, said to be the neighbor of the second respondent. The petitioner is the son- in- law of the second respondent. Based on the FIR, investigation was held and charge sheet came to be filed. In the charge sheet, it is clearly mentioned that there is no evidence for the allegation against the petitioner and therefore he was dropped from the charge sheet. Inspite of that, the learned Magistrate ordered to secure the presence of the petitioner by taking cognizance of the offences.