STATE OF KARNATAKA Vs. SYED SHABBIR HUSSAINI

JUDGEMENT

(1.) THOUGH the matter has come up for admission, it is taken up for final disposal by consent of both sides Counsel.

(2.) THIS revision is by the State assailing the order passed in S. C. No. 129/2000 by the District and Sessions Judge, Fast Track court-II, Koppal, dated 13-4-2005 discharging the accused of the offences punishable under Sections 143, 147, 148, 342, 353, 395, 504, and 506 of Indian Penal Code.

(3.) BRIEF facts of the case are as follows : the Sub Inspector of Police, Koppal Town, charge sheeted the accused for the offences punishable under Sections 143, 147, 148, 342, 353, 395, 504 and 506 read with Section 149 of Indian Penal Code. It is alleged that on 19-11-1998 at about 11. 45 a. m. in front of the house of accused No. 1 while the complainant Radha Krishna, Branch manager of Syndicate Bank, Koppal, went along with CW 4-Mohammed Moula, the court bailiff for execution of attachment warrant in respect of the recovery of Bank dues, the accused formed themselves into members of unlawful assembly with the common object, picked up a quarrel and abused the complainant with indecent words and at that time they were armed with deadly weapons and confined the complainant by tying him to the window and thereby obstructed him from discharging his lawful duties and further committed dacoity of gold chain and threatened with dire consequences. After the case was committed to the Court of Session, the accused filed an application under S. 227 of Cr. P. C. praying to discharge from the alleged offences. Learned Sessions Judge by his order dated 13-4-2005 discharged the accused for the above offences. It is this order, which is questioned in the present Criminal Revision Petition.