PASHUPATI Vs. BANGARAYYA

JUDGEMENT

(1.) THE petitioners in both the petitions are the accused persons before the Civil Judge (Sr.Dn.) & CJM, Haveri in CC No.1/2011 registered against them for the offence punishable under Sections 143, 147, 323, 427, 451, 504 and 506 r/w. Section 149 of IPC.

(2.) AFTER the appearance of the accused before the Trial Court, and after recording of the evidence, the Court has come to the conclusion that there are doubtful circumstances in the case, giving benefit of boubts, acquitted the accused in the said case. Being aggrieved by the said order, the complainant Bangarayya has preferred an Appeal in Crl.A. No.23/2012 on the file of the District and Sessions Judge, Haveri. The said appeal also came to be dismissed.

(3.) IT is the contention of the learned Counsel for the petitioners in both the cases that the complainant has filed a false complaint against them and there are civil proceedings pending against each other and accused persons have succeeded in the civil proceedings and in order to file a counter case, a false case came to be lodged against them. Therefore, the Trial Court and the Appellate Court ought to have referred the matter to the Criminal Court for action u/s.344 of Cr.PC. to try the complainant summarily and to punish him for having filed a false case against the accused.