BASAVARAJU Vs. POLICE SUPERINTENDENT POLICE DIVISION

JUDGEMENT

(1.) THE petitioner has sought for quashing of the proceedings in C.C. No. 11/2010 pending on the file of the III Addl. District and Sessions Judge, Mysore, against the petitioner for the offence punishable under Section 344 of Cr.P.C.

(2.) THERE is no dispute that the present petitioner is the complainant in Special Case No. 50/2007 registered against the accused person therein for the offence punishable under provisions of Prevention of Corruption Act. Subsequently when the trial was held PWs.1 to 7 were examined in the said case and this petitioner was examined as PW.1 and documents Ex.P1 to P16 were marked along with the material objects 1 to 10. It appears that PW.1 and another shadow witness PW.3 turned hostile to the prosecution. Therefore the learned trial Judge who tried the said case in Spl.Case No. 50/2011 was of the opinion that proceedings shall be initiated against PWs. 1 and 3 under Section 344 of Cr.P.C. He passed such orders and in pursuance of the said order a separate case has been registered against this petitioner and another in C.C. No. 11/2010 which is pending on the file of the III Addl. Dist. and Sessions Judge, Mysore.

(3.) ON a perusal of the orders by this Court cited supra this Court has observed at paragraph 4 which reads as follows : -