NIRANJAN KUMAR Vs. S. NARAYANAPPA

JUDGEMENT

(1.) IN these petitions the petitioners have prayed for quashing the proceedings in Spl. C.C. No. 99/2010 arising out of PCR No. 1/2009 on the file of the II Addl. City Civil and Sessions Judge, Bangalore. Second respondent filed a private complaint before the Special Judge in PCR No. 1/2009 interalia contending that he and his family members are residing in a house constructed in Sy. No. 165, Vibhutipura village. In this land there are also commercial buildings and two temples. It is alleged that accused 1 to 45 with the support and assistance of accused 46 to 54 came near the property of the complainant on 23.1.2009, assaulted the complainant and his family members, abused in filthy language by naming their caste and illegally demolished fee structures in Sy. No. 165 by taking law into their own hands. Therefore, the respondent filed a private complaint against 54 persons. The Special Judge recorded sworn statement of P.W. 1 to P.W. 4, took cognizance of the offence punishable under Section 3(1)(v)(x)(xi) and 32(vii) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 and under Section 323, 324, 142, 143, 144, 145, 146, 147, 148 and 149 IPC and issued summons to all the 54 accused by his order dated 31.05.2010. Petitioners are accused No. 46, 47, 48, 49 and 53. Petitioners being aggrieved by the initiation of proceedings are before this court seeking quashing of the proceedings against them.

(2.) HEARD arguments on both the side and perused the entire petition papers.

(3.) PETITIONER in Crl. P. No. 4503/2012 (accused -46) was the sitting MLA on the date of incident. Petitioners in Crl. P. No. 2960/2012 are the sub -inspector of police (accused No. 49) and women constable (accused No. 53). Petitioner in Crl. P. No. 4256/2010 was the police inspector (accused No. 47) and petitioner in Crl. P. No. 5196/2011 police sub -inspector (accused No. 48). According to accused Nos. 47, 48, 49 and 53 they went to the spot in discharge of their official duty.