AMAR AND ORS. Vs. VIJAYA KUMAR AND ORS.

JUDGEMENT

(1.) The petitioners have come up before this Court seeking quashing of C.C. No. 2600/2015 on the file of Principal Civil Judge and JMFC -II, Bidar arising from a private complaint No. 138/2014, wherein the learned Magistrate has taken cognizance and issued summons to the petitioners to appear before him, vide his orders dated 14.12.2015 for the offences under Ss. 302, 120 -B R/w S. 149 of Indian Penal Code.

(2.) The records disclose that, earlier the report was made to the police by the complainant in respect of the same offences in Crime No. 109/2013 and the police have registered that case for an offence under Sec. 302 of Indian Penal Code against one accused by name Ravi S/o Nagshetty. The police after thorough investigation have submitted the charge -sheet against the said person and the learned Magistrate has taken cognizance in C.C. No. 1307/2013. Thereafter the learned Magistrate has committed the case to the Court of Session and a case is registered in Sessions Case No. 157/2013 on the file of Principal Sessions Judge, Bidar.

(3.) When the charge -sheet being filed before the learned JMFC, it appears defacto complainant in Crime No. 109/2013 by name Vijayakumar S/o Sangramappa (Respondent No. 1 herein) has received some information that apart from the accused cited in Crime No. 109/2013, there are other accused persons (petitioners herein and three others) were also involved in commission of said offence. Therefore, he approached the police to bring them also on record vide representation dated 28.08.2013, marking a copy to the Inspector General of Police. As the police did not take any action, the said defacto complainant Vijayakumar approached this Court by way of Writ Petition in No. 103257/2013 (GM -POLICE). This Court considering all the materials on record made an observation that the charge -sheet has already filed by the police in C.C. No. 1307/2013 on the file of JMFC Bidar. If the petitioner is aggrieved by the such charge -sheet on the ground that all the culprits have not been brought into case by the police, he can take recourse under Sec. 200 of Code of Criminal Procedure, which is effacious remedy available to the said person and approaching the High Court is without any merit. Therefore, the said Writ Petition came to be rejected.