RAVINDRA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioners/accused Nos.1 to 5 under Sec. 482 of Code of Criminal Procedure 1973, for quashing the Committal Order passed by the III A.C.M.M. Bangalore, in CC.No.32695/2018 for the offences punishable under Ss. 143, 144, 147, 149, 323, 341, 427, 447, 504, 506 of IPC.

(2.) Heard the arguments of learned counsel for the petitioners and learned HCGP for the 1strespondent/State.

(3.) The case of the petitioners is that a FIR was registered against the petitioners initially for the offence of 307 of IPC in Crime No.249/2017 before the Rajarajeshwari Nagar Police Station, Bangalore. Subsequently, while filing the charge sheet, the Police dropped 307 of IPC and filed charge sheet only for the offences punishable under Ss. 143, 144, 147, 323, 341, 427, 504, 506 r/w 149 of IPC and the learned Magistrate is said to have taken cognizance for the above said offences and not for the offence punishable under Sec. 307 of IPC. Subsequently, the learned Magistrate suo moto committed the case under Sec. 209 r/w 323 of Cr.P.C. on 30/11/2021 thinking that the offence is under 307 of IPC, which is under challenge.