AMARSINH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed under Section 482 of Cr.P.C. on behalf of the petitioners with a request to quash the proceedings initiated by respondentNo.1 -Sub Inspector of Mudalagi Police Station of Gokak Taluk, Belgaum District represented by State Public Prosecutor attached to the High Court of the Karnataka, Dharwad Bench. A case is registered against these petitioners in Crime No.217/2013 by Mudalagi Police Station of Gokak Taluk for offences punishable under Sections 406, 420, 463 and 465 of Indian Penal Code, 1860, on the basis of a first information lodged by one lady Smt.Lajubayi, wife of Pratap Patil, resident of Byakod village, Raibag Taluk, Belgaum District. She is respondent No.2 in the present petition.

(2.) THE main grievance of the petitioners is that a false case has been foisted against them at the instance of respondent No.2 -Smt.Lajubayi by respondent No.1 and that the first information so alleged on 21.10.2013 does not even remotely indicate any of the offences for which a first information report has been prepared and lodged before the jurisdictional JMFC.

(3.) THE learned counsel for the petitioners is present and has submitted his arguments at length mainly relying upon the decision of the Hon'ble Apex Court rendered in Chandran Ratnaswami Vs. K.C.Palanisamy and Others, 2013 6 SCC 740. The learned Government Pleader representing respondent No.1 is also present and supports the case of respondent No.2 on the ground that, first information lodged by Smt.Lajubayi discloses cognizable offence. The learned counsel for respondent No.2/complainant also submits that it is too premature to disbelieve the allegations made in the first information dated 21.10.2013 lodged by respondent No.2 to respondent No.1, on the basis of which, FIR is registered in Crime No.217/2013 for the aforementioned offences. The learned counsel for respondent No.2 has relied upon a decision of the Apex Court rendered in State of Punjab Vs Kasturi Lal, 2005 AIR(SC) 4135 After hearing the arguments, following point that arises for consideration of this Court.