MANSOOR ALI Vs. THE STATE AND ORS.

JUDGEMENT

(1.) This is a petition filed by the petitioner/accused in Crime No. 54/2015 of Vidyanagar Police Station, Hubballi, registered against the present petitioner for the offences as mentioned in the said FIR.

(2.) The brief facts of the case as mentioned in the complaint are that one Abdulgam, son of Ladlesab Goundi, filed a complaint on 25.4.2015 alleging that he is residing in the address mentioned in the complaint along with his sons, daughters -in -law and grandchildren, that he is KSRTC's retired traffic controller and presently he is running a kirana shop at his house and they are doing the said business. Nearby the house of the complainant, one Mansoor Ali, the present petitioner in this case who is a teacher is residing along with his wife. On 19.04.2015 during night, the complainant was sitting in the hall of his house and his two sons viz., Mohammed Yasin and Mohammed Yunus were doing the business in the shop and, at about 9.30 p.m., the complainant heard some sound from the shop and the complainant stood up, went towards the shop, and saw the petitioner herein talking with his children in a high voice and abusing them in filthy language and also asking his children as to why they were making accusations against the petitioner and also the persons who are residing on rental basis and stating so, petitioner abused them in unparliamentary words and thereafter the incident started. The petitioner herein assaulted one of the sons of the complainant and when the other son came to the rescue, petitioner assaulted him also on the right cheek. On seeing the same, when the complainant came to the rescue, the petitioner herein dragged the complainant by holding his hands and he bit his right hand and also scratched with his nails and in the said process, when the petitioner herein was going backwards, the petitioner came in contact with the bike of a customer, fell down on the bike and sustained injuries and thereafter petitioner went away from the said place. Then all the three went to the KIMS Hospital, Hubballi and there the complainant and his son Mohammed Yasm took treatment and his another son Mohammed Yunus did not take any treatment in the said hospital. There afterwards, they discussed the matter in the Jamaat and then he filed the complaint. On the basis of the said complaint, the case has been registered in Vidyanagar P.S. Crime No. 54/2015 against the present petitioner for the alleged offences under Ss. 323, 324, 504, 506, 341 of the Indian Penal Code and the FIR was issued in the case. Being aggrieved by the registration of the FIR, the present petitioner is before this Court.

(3.) Heard the arguments of the petitioner, who is party -in -person in this case, the learned Government Pleader for the respondent No. 1 -State and the learned counsel appearing for the respondent No. 2 -complamant.