M. BHAGAVANTHA Vs. B.R. BABU PRASAD

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners as well as the counsel for the respondents. Perused the records.

(2.) THE present petition is filed seeking quashing of the entire proceedings in PCR 85/2006 and PCR No. 63/2006 pending on the file of the Civil Judge (Jr.Dn.) & JMFC at Sira.

(3.) LEARNED counsel for the petitioners has strenuously contends that when PCR No. 63/2006 was filed by one of the brothers of the complainant in this case, they very well knew about the overt -acts and also the offences committed by these petitioners. But, in the earlier complaint, their names have not been depicted, but, subsequently, a separate complaint which is numbered as PCR No. 84/2006 is filed against these petitioners and another accused by name Balakrishna. As could be seen from the materials available on record, two private complaints have been filed by different persons. Though the factual matrix may be same, two complaints are filed by two different complainants. So, it can not be said that the earlier complaint filed by the same complainant, as such the second complainant is barred.