KHALID Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed to quash the entire proceedings in CC No. 1464/2003 on the file of the Civil Judge, (Senior Division) & JMFC, Puttur.

(2.) THE petitioner is accused No. 3 in the above case, other accused No. 1,2 and 4 who are charged for the offences punishable U/s. 447, 326, 504, 506 r/w Section 34 of IPC. In the charge sheet, it is alleged that, there was dispute with regard to connection of water tap between the complainant and the accused persons. It is further alleged that, on 11.11.1999, when the complainant was in his land doing agricultural work, other accused persons trespassed into the land along with deadly weapons and assaulted one Phakeerabba-PW.2. Immediately, PW.2 has been shifted to the Government hospital for treatment and the police registered the case in Crime No. 81/1999. Thereafter, on completion of investigation, Puttur police filed the charge sheet against all the accused persons in CC No. 109/2000. As the petitioner was found absconding, case against the petitioner was split up in CC No. 1464/2003.

(3.) THE learned Counsel for the petitioner submits that, no summons was served against the petitioner and he was not aware about the case registered against him. The complainant and the petitioner and other accused persons were closely related to each other and due to the family dispute, the petitioner is falsely implicated in the crime, even though, he was residing in Dubai at the time of the alleged offence. It is further submitted that the complainant and the injured PW.2 did not attribute any overt acts against the petitioner and other accused No. 1, 2 and 4 who faced trial before the Trial Court and were acquitted. Therefore, the case in CC No. 1464/2003 separated against the petitioner is liable to be quashed.