THAMANNA YELLAPPA DOLLIN Vs. A. RAMAPPA

JUDGEMENT

(1.) The petitioner has approached this Court seeking quashing of the proceedings pending before the J.M.F.C., Yelburga in C.C. No.226/2012 registered against the petitioner for the offences under Sections 279, 337 and 338 of I.P.C.

(2.) I have heard the arguments of the learned Counsel for the petitioner and as well as the respondent herein. I have carefully perused the records produced along with the petition. Both the Counsels have no grievance so far as the documents which are produced before this Court are concerned and the factual aspects with regard to one proceedings disposed and another complaint pending before the Courts are concerned. Therefore, it is just and necessary for this Court to have a brief factual aspects of the case before adverting to the grounds urged before this Court.

(3.) The facts of the case in fact are admitted by both the parties i.e. to say Kukanoor Police, Koppal District earlier have registered a case in Crime No.128/2006 and after the investigation it was culminated in Criminal Case in C.C. No. 100/2007. The said case was registered against the respondent Ramappa herein for the offence under Sections 279, 337 and 338 of I.P.C. It is also an admitted fact that the said case was concluded and the Court has acquitted the accused vide its Judgment dated 29th March 2010. It is also not in dispute that the respondent Ramappa earlier had also filed a private complaint on 18.01.2007 before the J.M.F.C., Yelburga and the same subsequently registered in C.C. No.226/2012 for the offences punishable under Sections 279, 337 and 338 of I.P.C. and the Court has issued summons to the accused persons i.e. the petitioner herein.