ABHISHEK Vs. STATE

JUDGEMENT

(1.) The petitioners/accused Nos.9 to 21 have filed this petition praying to quash the proceedings in S.C.No.209/2022, on the file of Principal District and Sessions Kalaburagi, in respect of charge sheet filed by respondent No.1 for the offences punishable under Ss. 143, 147, 148, 323, 324, 307, 504 and 506 read with Sec. 149 of IPC.

(2.) The brief facts of the prosecution case are that, on 18/11/2020 at about 2.00 p.m., the Child Development Project Officer (CDPO) had come to Rudrawadi village, hence, the complainant and his brother had gone to meet him and after meeting the CDPO, they were returning to their home and when they were near Anganawadi centre, at that time, accused Nos.1 and 2 objected the complainant as to why he was discussing with CDPO and hence, there were verbal exchange between accused Nos.1 and 2 and the complainant. In this regard, on 19/11/2020 at about 6.30 a.m., when the complainant was walking near the water tank, at that time, accused Nos.1 to 4 formed an unlawful assembly by holding rod, stick and picked up quarrel with the complainant. Accused No.1 assaulted on the right hand middle finger of the complainant thereby caused contusion, accused No.2 assaulted with the rod on the right leg of the complainant and accused No.3 assaulted with his hands on chest of the complainant. At that time, other accused persons have also assaulted CWs.1, 5, and 7 and attempted to commit the murder of the complainant - CW.1. Hence, the complainant has lodged a complaint.

(3.) The Investigating Officer after conducting investigation, filed charge sheet for the aforesaid offences. After filing of the charge sheet, the jurisdictional Magistrate took cognizance of the offences and committed the matter to the Sessions Court. Now the matter is pending on the file of learned Principal District and Sessions Judge, Kalaburagi in S.C.No.209/2022 and the case is set down for prosecution evidence.