A G AJITH KUMAR Vs. STATE

JUDGEMENT

(1.) THE petitioner was arraigned as A-1 in Crime No. 339/2011 in respect of the offences under Sections 384 and 511 of the I.P.C. and Sections 27 and 30 of the Arms Act and the petitioner, therefore, seeks quashing of the proceedings against him.

(2.) IN regard to the aforesaid prayer, the submission made by the learned counsel for the petitioner is that, Section 384 of the I.P.C. does not get attracted to the case on hand inasmuch as, even a plain reading of the complaint allegations would go to show that nothing was entrusted nor anything was recovered from this petitioner let alone any attempt of extortion can be said to be made out from the complaint as the complainant happens to be a police officer. Secondly, the petitioner was not in the station on the alleged date of the incident i.e., 23.10.2011, and the petitioner had gone to Shabarimale on 20.10.2011 and boarded the train at 5.00 p.m. on 23.10.2011 to return to Bangalore. One other submission made is that, the petitioner had earlier moved this court in W.P.No. 8999/2011 in which he had arraigned the police officers of Mahadevapura Police Station as the respondents and this is the reason for the petitioner being roped in as the accused in the present case. Therefore, relying on the Apex Court decision in the case of Dhananjay @ Dhananjay Kumar Singh Vs. State of Bihar, reported in (2009)1 SCC (Cri) 943, the submission made is that, no case is made out against this petitioner and hence, the proceedings against him be quashed.

(3.) IN the result, the petition is allowed and the proceedings in Crime No. 339/2011 on the file of the X ACMM, Mayo Hall, Bangalore, against the petitioner stands quashed.