KHAIRUNNISA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the arguments of the learned Counsel for the petitioners and respondent No.2 who is present personally before the Court and argued the case.

(2.) THE petitioners are arrayed as accused Nos.1 to 8 and 10 in C.C. No.436/2010 for the offences under Sections 148, 506, 504, 323, 324, 448 and 354 r/w Section 149 IPC on the file of the Principal Civil Judge (Jr.Dvn.) and JMFC, Dharwad.

(3.) THE brief facts of the case are that : The petitioners alleged that respondent No.2 had filed number of suits against the petitioner No.1 and others for the relief of declaration, injunction and damages and compensation in O.S. No.464/1999, O.S. No.100/2001 and O.S. No.18/2006 which are pending on the file of Principal Civil Judge (Jr.Dvn.) and JMFC, Dharwad, all the suits have been clubbed together and presently posted for cross -examination of PW -1. It is submitted that the respondent No.2 has been in the habit of filing complaint after complaint after the said suits are filed. It is alleged that the respondent No.2 has filed a private complaint in P.C. No. 169/2006 on the file of Principal JMFC, Dharwad. The said complaint was referred to the concerned Police for investigation and report. In the said complaint, many number of provisions of IPC have been invoked. It is also alleged that the respondent No.2 alleged that on 07.10.2006 in the midnight at 22.30 hours all the petitioners herein and other accused persons trespassed into the house and caused damage to the property and assaulted the respondent No.2, and his family members. The respondent No.2 on the same allegations has also filed a Police complaint before the Sub -Urban Police Station, registered in Crime No.182/2006. In both the cases, the Police have filed 'B' Final Report. It is also submitted that the respondent has filed another private complaint in 130/2005 before the Principal JMFC, Dharwad alleging the same incident. When the 'B' Reports have been submitted the respondent No.2 has challenged the said 'B' Report, led evidence. The learned Magistrate in P.C. No.169/2006 took cognizance of the offence and registered a case in C.C. No. 436/2010 against the petitioners herein and other accused persons and issued summons against the petitioners who have actually appeared before the Magistrate and granted the bail. At this juncture, the present petition is filed.