BHAGEERATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioners who are arraigned as accused Nos.6 to 8 in Crime No.12/2015 of Kudachi P.S., and in which after investigation a charge sheet came to be filed in C.C.No.650/2015 for the offences punishable under Sec. 143, 147, 341, 323, 504, 506 read with 149 IPC , are seeking quashing of the said proceedings.

(2.) Brief facts leading to the filing of the petition are that, during 1933-34, lands in R.S.No.359 of Kudachi more particularly Hissa No. 359/1 to 359/16 including R.S.No.359/15/1 and 359/15/2 are granted to Harijan Community of Kudachi and the name "Samasta Mahar" is entered in the records of rights. During 1976-77, the father of petitioners viz., Vinod Sutar, who is a carpenter by profession has constructed a house and workshop in Sy.No.359/16 measuring 200 x 100 ft.

(3.) Aggrieved by the same, petitioners have come up with this writ petition seeking quashing of the proceedings, which is illegal, arbitrary and violative of the fundamental rights guaranteed by the Constitution of India in general and Article 21 in particular. The complaint allegations are false, imaginary and illogical. Without investigating whether petitioners were infact present at the scene of occurrence, mechanically a charge sheet came to be filed. The dispute between the parties is civil in nature. Prima-facie the criminal proceedings are not tenable against the petitioners.