SRI MANJESHWARA Vs. SRI DHARME GOWDA

JUDGEMENT

(1.) The petitioners, being accused no. 7, 8 and 9 have invoked jurisdiction of this court under Articles 226 and 227 of the Constitution of India read with sec. 482 of the Code of Criminal Procedure for quashing the proceedings against them in C.C.71/2019 on the file of Senior Civil Judge and JMFC, Narasimharajapura. The events that have led to this petition being filed are as follows : -

(2.) The first petitioner is a Sub Inspector of Police and the petitioners 2 and 3 are police constables. The respondent is the complainant. The incident that the respondent has alleged to have taken place is that, on 6/10/2017, he and his friend, Jason, being Christians, belonging to the order Jehovah's Witnesses, went to the shop of the first accused, namely Smt. Sudha Pai for taking photocopy of a document. In the shop, the respondent picked up conversation with Sudha Pai on the subject of 'family' and in that course, gave her a tract entitled, "What is the Key to Happy Family life?". Smt. Sudha Pai suspected that the respondent and his friend were making attempt to convert her to Christianity and therefore called the police. The respondent and his friend were taken to police station, Balehonnur, where it is alleged that they were subjected to physical torture by the petitioners, and in this connection the respondent approached the court of JMFC on 19/9/2018 with a complaint under sec. 200 Cr.P.C. The learned Magistrate, by his order dtd. 14/2/2019, took cognizance of the offences punishable under Sec. 298 and 324 read with sec. 34 IPC and issued process against the petitioners. Thus the petitioners are before this court.

(3.) I have heard the arguments of Sri Suyog Herele, learned counsel for the petitioners and Sri Mohan Doraiswamy for the respondent.