CHIKKANARASIMHAPPA Vs. STATE BY SRINIVASAPURA POLICE

JUDGEMENT

(1.) THIS Criminal Revision Petition is filed under Section 397 Cr.PC by the Learned Counsel for the petitioners praying to set aside the order dated 22.11.2007 passed in Spl.C.C. No. 53/2006 on the file of the II Addl. District and Sessions Judge, Kolar and to dismiss the said application.

(2.) BRIEF facts leading to this proceedings are as follows. That on 29.09.2006, when V. Ramesh, S/o Venkateshappa was tilling the land bearing survey No. 15 at about 5.30 to 6.00 p.m. accused No.8 Gangadhara and others came to the land and formed themselves into an unlawful assembly and assaulted V. Ramesh and consequently he died. The deceased father Sri. Venkateshappa lodged a complaint before the Srinivasapura Police Station. The Deputy Superintendent of Police, Mulbagal investigated the case and submitted the chargesheet before the committal Court. Later on the local MLA raised the subject matter in the assembly and the Home Minister directed the Deputy Superintendent of Police, Chikkaballapura to further investigate the matter. Thereafter, the Deputy Superintendent of Police, Chikkaballapur took up the investigation and submitted the final report stating that the investigation made by the Deputy Superintendent of Police, Mulbagal as proper. Then the trial Court fixed the trial. That on 04.09.2007, the public prosecutor filed a petition seeking permission to further investigate the case by the COD police under Section 173(8) of Criminal Procedure Code. The said petition filed by the prosecutor was dismissed vide order dated 24.09.2007. The State has not preferred any revision against the said order. Thereafter, on 03.11.2007 five chargesheet witnesses were examined and they have not supported the case of the prosecution. On 21.11.2007 two prosecution witnesses were examined and again on 22.11.2007, two prosecution witnesses were examined. The Learned Prosecutor has filed a memo seeking permission to further investigate the matter. The Learned Judge allowed the said application on the same day i.e., 22.11.2007. The Trial Court again fixed the Trial from 05.11.2007 to 07.12.2007.

(3.) HEARD the Learned Counsel for the petitioner as well as learned Advocate General and perused the case dairy.