MADAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Respondent No.2 had filed a private complaint under Sec. 200 of Cr.P.C. for the offence punishable under Ss. 448 , 452 , 453 , 506 read with Sec. 149 of IPC, alleging that on 14/4/2012 at about 7 p.m., accused No.2, who is the Junior Assistant Engineer and accused No.1 had trespassed into the subject property and fixed the electrical meter to the wall of the shed unauthorisedly with an intention to knock off the property. It was further alleged that, on 12/5/2012, accused No.1 along with ten goondas came with a J.C.B. with an intention to demolish the compound wall and also to fell the trees standing on the subject property and also broke open the lock of the shed and snatched the key of the shed and also threatened the complainant that they will cause bodily harm, if the complainant does not leave the subject property.

(2.) The learned Magistrate referred the complaint to the police for investigation under Sec. 156(3) of Cr.PC. The Police registered the FIR for the aforesaid offences and after investigation submitted the 'B' report with the learned Magistrate stating that the dispute between the parties is purely civil in nature which is evident from the suit filed by the accused No.1 in O.S.No.640/2002 against the complainant. The complainant filed the protest petition to the 'B' report filed by the Police.

(3.) The learned Magistrate after recording the sworn statement of the second respondent took cognizance of the aforesaid offences and issued summons to the petitioner- accused No.3. Taking exception of the same, this petition is filed by the petitioner-accused No.3