RAMESH BABU V.M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court seeking for the following relief;

(2.) The Jayanagara Police Station, Tilaknagar, Tumakuru registered a FIR in Crime No.126/2016 against the petitioners for the offences punishable under Ss. 341, 323, 324, 307, 427, 504, 506 read with Sec. 34 of IPC based on the statement given by the respondent No.2 in the hospital alleging that on 22/12/2016 at about 3.00 p.m. when the respondent No.2 parked his car in front of the house of petitioner No.1. The petitioner No.2 abused him in a filthy language. Thereafter, petitioner Nos.1 and 2 and their son came near the house being constructed and confined the complainant and abused the complainant in a filthy language and assaulted the complainant on his head with a stick with an intension to kill him and assaulted him with a mud stone. It is alleged that at the time of quarrel certain other people stopped the quarrel and at the time of departure the petitioner threatened the complainant with his life. The respondent No.2 was taken to hospital where he gave a statement. The Police upon investigation have filed charge sheet against the petitioners in C.C.No.3069/2017 and committed the case before Sessions Judge, Tumakuru in S.C. No.72/2018.

(3.) Sri.Venugopal M.S, learned counsel for the petitioners would submit that the petitioners have also filed a complaint in Crime No.127/2017 for the offences punishable under Ss. 323, 504, 506 and Sec. 3(i)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Sec. 34 of IPC. As such, he submits that the Crime No.126/2017 has been registered as a counter blast against the petitioners. He further submit that the case in Crime No.126/2017 and case in Crime No.127/2017 have been investigated by two different officers when they ought to have been investigated by same investigating officer. On this basis, he submitted that the same goes to root of the matter requiring proceedings against the petitioners to be quashed. With regard to Investigating Officer, he relies upon the decision of the Division Bench of this Court in Crl.A.No.100101/2016 dtd..17/3/2022 wherein, this Court has held that whenever there is a complaint and a counter complaint, the same would have to be investigated by a single Investigating Officer.