ALIMURTUZA DADEPIR CHAMANMALIK Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER is aggrieved by the action of the respondent in arraying him in Crime No. 143/2013 of Terdal Police Station, which after investigation is converted as C.C. No. 645/2014 before the learned JMFC., Banhatti.

(2.) BRIEFLY stated the facts of the case are that based on certain information by an informer, Terdal Police apprehended one Abbasali Rajabkhan Inamdar in Terdal. It appears he gave a statement before the Police to the effect that the amount collected by him in Matka (gambling) is handed over to one Nijam @ Nisam of Kudachi, which is in turn passed on to one Murtuja Chaman Sheke. A complaint was registered suo motu in Crime No. 143/2013 for the offences punishable under Section 78(3) of the Karnataka Police Act, 1963. After investigation charge sheet has been filed against three accused. The grievance of the petitioner is, that his name is, Alimurtuza Dadepir Chamanmalik and he is not the person, who is arrayed as accused No. 3. However, he has been subjected to the ordeal of arrest and investigation and now facing trial. Hence, this petition.

(3.) ON the last date of hearing, learned counsel for the petitioner adverting to the complaint had contended that there is absolutely no material as against him and the police have implicated him due to inimical disposition as there were other cases pending against him. The charge sheet verbatim contains the contents of the complaint. Therefore, the learned AGA was directed to take further instructions particularly from the Investigating Officer at the material point of time and the matter was adjourned to this date.