MOIN BASHA KURNOOLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN Crl.P. No.100378/2014 the petitioner sought for quashing of the orders passed by the I Addl. Civil Judge (Jr.Dvn.) and J.M.F.C., Bellary in C.C. No. 121/2014 dated 24.02.2014 wherein this petitioner is arrayed as Accused No.2. In Crl.P. No.100379/2014 the petitioner sought for quashing of the proceedings in C.C. No.122/2014 on the file of the I Addl. Civil Judge (Jr.Dvn.) and J.M.F.C., Bellary dated 24.01.2014 wherein this petitioner is arrayed as Accused No.3. In Crl.P. No.100403/2014 the petitioner also sought for quashing of the entire proceedings in C.C. No.777/2013 passed by the II Addl. Civil Judge (Jr.Dvn.) and J.M.F.C., Bellary dated 11.10.2013 wherein the petitioner is arrayed as Accused No.3.

(2.) IN all the above cases, it is alleged by the petitioner that Brucepet Police and as well as Cowl Bazaar Police respectively have registered cases against the petitioner for the offence under Section 78(3) of Karnataka Police Act and submitted a charge sheet and the learned Magistrate even without taking the cognizance registered the criminal case and issued summons against the petitioner herein.

(3.) THE learned Counsel for the petitioner strenuously contends before this Court that even the entire charge sheet papers are translated into evidence, there is no whisper of any offence being committed by this petitioner. On the other hand, solely on the basis of the statement of the co -accused the present petitioner's name has been incorporated in the charge sheet. Except that nothing is there to constitute any offence under Section 78(3) of the Karnataka Police Act. Therefore, he contends that the entire charge sheet is baseless and the criminal proceedings cannot be continued against the petitioner.