A VASANTH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision is directed against the order dated 14-3.-2000 passed by the Addl. J. M. F. C. III Court, Raichur in c. C. No. 779/98, whereby the Court below allowed the application filed by the complainant through prosecutor under Section 319, Cr. P. C. The cognizance of the offences against these revision petitioners (proposed accused Nos. 9 and 10) have been taken and summons were issued. Therefore, feeling aggrieved by the order that the charge sheet filed about three years back and the charge sheet does not discloses involvement of the revision petitioners-proposed accused in the commission of the alleged offences. After recording the evidence of 7 witnesses, the complainant party with a sole intention to harass them had filed an application through A. P. P. to issue summons, which is contrary to the settled law. There is no consistent evidence on the alleged evidence to show a prima facie case to summon them.

(2.) HEARD the arguments of Ms. Chandrakala for revision petitioner and the learned high Court Government Pleader for respondent and perused the records.

(3.) IT is an admitted fact that the law was set in motion on the basis of the complaint lodged by P. W. 1 against accused 1 to 8 and others for an offence punishable under sections 147, 504, 506, 323, 324, R/w 149, 1pc. Though the complaint was filed against 8 accused and other persons, actually the charge sheet has been filed only against 8 accused persons. So after framing the charges against 8 accused persons, the evidence of 7 witnesses including the complainant and the injured persons was recorded. The application under Section 319, Cr. P. C. came to be filed. So after considering the evidence of P. W. 1, 4, 4 and 7. the trial court allowed the application and issued summons.