SHRI MURLIDHARA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition is filed by petitioners-accused Nos.1 and 2 under Articles 226 and 227 of Constitution of India read with Sec. 482 of Cr.P.C. for setting aside the order dtd. 4/7/2022 passed by LXIX Additional City Civil and Session Judge (CCH-70), Bengaluru in Criminal Revision Petition No.172/2020 and direct the Trial Court to summon the Investigation Officer to take up further investigation and file additional charge sheet as per Sec. 173(8) of Cr.P.C.

(2.) Heard the learned counsel for the petitioners and learned SPP-II along with learned High Court Government Pleader for the respondent No.1-State and learned counsel for respondent No.2.

(3.) The case of the prosecution is that on the complaint of respondent No.2, the police registered the FIR in Crime No.394/2013 by the Magadi Road Police, Bengaluru for the offences punishable under Ss. 506, 341, 34 504, 448, 324, 354 of IPC and after the investigation, they filed the charge sheet for the offences punishable under Sec. 341, 323, 504, 506 read with Sec. 34 of IPC. It is alleged by the complainant in his complaint that on 25/12/2013 at around 1.30 p.m. to 2.00 p.m, when he was at his home, he heard his wife screaming and when he went to see as to what has happened, he saw that accused No.1 was assaulting his wife with his leg and respondent No.2 intervened and tried to stop the accused No.1 from assaulting his wife and took his wife inside the house. The accused abused her in filthy language and dragged her stating that he is from some Rakshana Vedike and he has committed murder and he also stated that he has support of the Association and nobody questions him and he also abused the complainant and threatened with dire consequences to commit murder. The another person held the complainant at that time the accused No.1 assaulted his wife on her head and other parts of the body due to which she fell down, then he called the police, the police came and shifted her to the K.C. General hospital. His wife is under treatment and she was unconscious. Hence, he has prayed for taking the action against the accused. He also contended that his wife is not in a position to give statement. The police after investigation filed the charge sheet. The trial was started, some of the witnesses have been examined. The complainant also filed application under Sec. 301 of Cr.P.C. for assisting the prosecution.