SHAMBULINGAPPA Vs. THE STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) THE petitioner has approached this Court seeking quashing of the entire proceedings in Crime No. 30/2015 (Special (A) FIR No. 34/2015) for the offence punishable under Section 143, 147, 504, 354, 436, 427, 506 r/w. 149 of IPC and Section 3(1)(x) of SC/ST (PA) Act, 1989 registered by the ASI, Turavihal Police Station.

(2.) THE records disclose that one Kemareddy Venkareddy has filed EP No. 47/2011 against 15 judgment debtors, wherein the Court has passed an order to take police protection for eviction of the judgment debtors and hand over the vacant possession of the petition schedule premises in favour of the decree holder. In pursuance of the said order, it appears, the petitioner had been to the scene of offence i.e., survey No. 2/1 measuring 10 guntas situated at Nidigol village, Sindhanur Taluk, District - Raichur. In that context, it is alleged that with the help of the Police, the petitioner has illegally destroyed the huts of the complainant and others by setting fire and also abused the complainant with filthy language particularly taking the caste name of the complainant and also along with other accused persons, by name Shivraj S/o. Thimma Reddy, Umapathy Bommanala, Eranagowda Bommanala, formed into an unlawful assembly and in fact burnt the huts of the complainant and others and threatened the complainant with dire consequences and also abused them with filthy language in referring to the caste. Particularly, the complainant has stated in the FIR that the accused persons have abused specifically mentioning the caste name of the complainant and others. On such allegations, the FIR was registered for the above said offences.

(3.) EXCEPT one day delay, it appears, a case and counter case have been filed by the respective parties. At this stage, on reading of the complaint, it is very difficult for this Court to come to a definite conclusion or certain conclusion as to what exactly happened at the spot. Therefore, in my opinion, that has to be investigated during the course of full dressed investigation by the Police.