PALANI SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision is filed by the complainant challenging the order passed by the I Additional Sessions Judge & Special Judge, Chikkamagaluru in PCR No.5/2016 dtd. 3/12/2018.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief facts leading to the case are that one Poornima had filed a complaint against the complainant with Balehonnuru Police alleging certain offences including the offence under Sec. 376 of IPC. The investigation was completed in the said case and charge sheet came to be submitted in SC No.108/2013. After the trial, as no incriminating material was on record, the accused therein were acquitted. Poornima i.e., complainant in the said case during the trial deposed that she had filed a case only at the instance of present respondents/accused Nos.1 to 5. She has also deposed that at the instigation of the accused, she had also submitted several complaints to several authorities. She had also filed a private complaint in PCR No.296/2014 wherein 'B' final report is filed. It is asserted that filing a false case against the accused is an offence under notification dtd. 18/2/2016 and hence, the complaint came to be lodged.