P.B. IBRAHIM Vs. ABDUL RAHIMA AADAM SHEKH

JUDGEMENT

(1.) HEARD Sri S.S. Naganand, learned Senior counsel for the petitioner as well as Sri. Jagadish Patil, learned Counsel for the respondent.

(2.) THE factual matrix and the case are that, the respondent -Abdul Rahima Aadam Shekh has lodged a first information report before the Sub Inspector of Police, Bhatkal, making allegations that the accused Nos. 1 and 2 colluded with each other in order to destroy and remove the petty shop put by the respondent at Madina colony, Jamiyabad road, in a vacant place. It is alleged that on 9/1/2012 in the night hours, the accused No. 2 actually replace. When the respondent questioned this act of accused No. 2, he threatened the complainant with dire consequence of killing him. The police after due investigation submitted a removed the said petty shop and put a road roller in the said 'B' final report before the jurisdictional Magistrate. This was contested by means of filing a protest petition by the complainant. The learned Magistrate took cognizance on the basis of the protest petition, proceeded to record the sworn statement of the complainant and thereafter, appears to has issued summons to this accused to appear before him. The petitioner is arrayed as accused No. 1 - P.B. Ibrahim, accused No. 2 is Mr. Ashraf Abdul.

(3.) THE learned Magistrate in fact as per his order dated 17/10/2013 rejected the 'B' final report filed by the police and taken cognizance against the accused persons for the offence punishable under Section 506 r/w. 34 of Indian Penal Code, 1860 and issued process against the accused persons. The said order is challenged before this Court.