ABDUL GAFOOR AND OTHERS Vs. STATE BY PUNJALAKATTE POLICE, REP. BY SPP HIGH COURT OF KARNATAKA AND HASSAN SAHEB S/O. BUDAN SAHEB

JUDGEMENT

(1.) IN this petition the petitioner has prayed for quashing the proceedings in C.C. No. 58/2012 for the offence punishable under Section 143, 147, 447, 304, 506 read with Section 149 IPC. Investigation is completed and charge sheet is filed. It is brought to my notice the glaring inconsistency in the complaint, additional statement and also in the statement of witnesses. Be that as it may. It is not appropriate for this Court under Section 482 Cr.P.C. to screen, assess and appreciate the evidence. In the circumstances liberty is ' reserved to the petitioner to file an application for discharge before the Trial Court. In such an event the Trial Court to consider the same in accordance with law on the basis of material available on record on priority basis. It is also open for the petitioner to argue before the Trial Court on the question of framing the charge under correct provisions of law. Accordingly, the petition is hereby disposed off.