SHAKTHIVELU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking a writ in the nature of mandamus directing the 1st respondent/Police to delete Ss. 364A and 308 of the IPC from the list of offences alleged against the petitioner in the FIR registered in Crime No.50 of 2022.

(2.) Heard Sri Tomy Sebastian, learned senior counsel appearing for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader appearing for respondent No.1.

(3.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:- One Smt. N.Lakshmi, accused No.2 files a complaint against Smt. Neelima Rao, the present complainant in Crime No.49 of 2022 on 2/3/2022. On 5/3/2022 the present complainant registers separate complaint before the very same Police Station in Crime No.50 of 2022 against accused No.1/ petitioner and several others. On registration of the crime, the petitioner is before this Court seeking the aforesaid prayer, on a contention that the offences included in the FIR, which become punishable under Ss. 364A and 308 IPC cannot be alleged in the case at hand on a bare reading of the complaint.