MAHADEV S/O CHANNAPPA BYADAGI Vs. ATHANI POLICE SUB-INSPECTOR, ATHANI POLICE STATION, REPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. seeking quashing of the complaint registered in crime No.368/2016 by Athani police for the offence punishable under Sections 279, 338 of IPC and Sections 134 and 187 of Motor Vehicles Act. Petitioner No.1 is not shown as accused in the aforesaid complaint. However, he is aggrieved by the complaint registered in crime No.368/2016 on the ground that the said complaint is false complaint registered by the police with ulterior motive in collusion with the complainant and a practicing advocate of Athani.

(2.) The brief facts leading to this petition are as under:

(3.) It is stated that about 4-5 days prior to 23.11.2016 at about 12.30 p.m. when petitioner No.1 had gone to Telsang village to collect a gas cylinder, he received a phone call from his younger brother petitioner No.2 informing that police had come to their village for investigation of the cruiser vehicle involved in the accident and that the police wanted to speak with Mahadev and they took his telephone number. Thereafter, he says that he was informed by the police regarding the accident occurred near Athani and registration number of the vehicle which caused the accident is that of the vehicle standing in his name and therefore, they called him to go to Tubachi village immediately.