BASAPPA Vs. RAJESHWARI SURESH DANGROJI

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and the learned Addl. SPP for the second respondent -State. Perused the records. These petitioners are arrayed as accused Nos. to 5 in CC No. 84/2012 pending on the file of the Civil Judge (Sr. Dn.),. Shiggaon. The complainant -respondent No. 1 herein filed a complaint against all the petitioners alleging harassment, ill -treatment and cruel treatment at the hands of the petitioners herein. The Police have filed the charge sheet against the accused persons and sent them for trial. On the basis of the charge sheet, the learned Magistrate took cognizance of the offence, registered a case against the accused persons. In fact, the accused persons have appeared before the trial Court. At the initial stage itself, they were enlarged on bail. The records reveal that on 25.7.2013, the learned Magistrate after hearing the parties with regard to the framing of charges, found sufficient materials to frame charges against the accused persons for the offences punishable under Sections 498 -A, 504 and 506 read with Section 149 of IPC. The charges were read over and explained to the accused. The accused persons have pleaded not guilty. Therefore, the case is set down for evidence. The court also issued summons for the appearance of CWs. 1 to 3. The order sheet dated 2.9.2013 and 16.11.2013 disclose that CW1 was present before the court and the accused persons have prayed time stating that there is likelihood of settlement in the case. Like that way, the matter got adjourned. The order sheet also discloses that on several occasions A1 to A5 were remained absent, exemption applications filed and the trial Court has taken lenient view by allowing those applications.

(2.) AT this juncture, the present petition is filed for quashing of the entire proceedings before the court below. There are specific allegations made in the charge sheet against the accused persons and when the matter is set down for evidence, this Court cannot exercise power u/s. 482, of Cr.P.C., unless the evidence on record shows that the charge sheet filed against the accused persons is baseless.