SAVITHRAMMA Vs. PREMA W/O TEJAPPA

JUDGEMENT

(1.) PETITIONERS have called in question the proceedings in PCR No.45/2008 on the file of the Civil Judge (Jr. Dn.) and JMFC., Bhadravathi.

(2.) THE case of the petitioners is that the incident took place on 27.12.2007 between them and the complainant- respondent No.1 and they had filed a complaint against respondent No.1 and others on the same day in Crime No.187/2007 in Holehonnur Police Station, Shimoga, for the offences punishable under Sections 504, 323, 324, 143, 427, 354, 506 read with Section 149 of IPC. Petitioners sustained grievous injuries in the said incident.

(3.) LEARNED trial Judge has registered the complaint and referred the matter to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. Police on investigation, had filed 'B' report, thereafter, on the basis of sworn statement, the learned Magistrate has taken cognizance. There is nothing on record to show that respondent No.1 herein had filed complaint before the Police and it was not received. No explanation is offered as to why complaint was filed after a lapse of five months. In the complaint filed by petitioners herein, chargesheet has been filed. No other material is produced to connect the alleged offence. The sworn statement and other material do not make out the alleged offence.