YELLAPPA Vs. NIJAGUNEPPA AND ORS.

JUDGEMENT

(1.) THIS is a petition filed by the petitioner -accused No. 2 seeking to quash the proceedings.

(2.) BRIEF facts leading to filing of this petition as narrated in the petition that respondent No. 1 has filed a false private complaint against the petitioner for offences punishable under Section 324 and 504 of IPC alleging that the petitioner came to the Police Station in order to collect forms to get the medical certificate of his son. In fact, on 04.12.2008 respondent No. 1 came to the Police Station and objected and quarrelled with the petitioner stating that how the petitioner has released the accused persons on bail in the complaint filed by his son. In fact, the accused in that case was released on bail by the JMFC, Kalaghatagi. When the respondent No. 1 started galata in the Police Station abusing the Police Authorities, petitioner lodged a complaint and produced before the Magistrate in C.C. No. 29/2009 and he was released on bail on 05.12.2008. Thereafter, a false case came to be filed by the respondent No. 1 without obtaining any sanction though there is an allegation that the petitioner was on duty at the time of alleged offence. It is further mentioned by the petitioner herein that the trial Court without considering the evidence of respondent No. 1 and without comparing the same with the complaint passed the orders to frame charge for the offences punishable under Section 324 and 504 of I.P.C. which is challenged herein.

(3.) IN support of his contention learned counsel for the petitioner relied upon the decision reported in : 2015 (3) KCCR 2145 (SC) (D.T. Virupakshappa Vs. C. Subash). Hence, he submitted to allow the petition and to quash the proceedings as sought for in this petition.