BALAJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition the petitioner has prayed for quashing the proceedings in C. C. No. 644/2005 pending on the file of Principal Civil Judge (Junior Division) and JMFC, Maddur.

(2.) ON 31. 10. 2002, on information, the first respondent police visited the primary health centre at Kesthur, Maddur taluk in Mandya district and recorded the statement of an injured person by name Ramesh and consequently registered a case in crime No. 108/2002 against eight accused including the petitioner herein for the offences punishable under Sections 143, 147, 148, 324 and 307 read with Section 149 IPC. The victim Ramesh succumbed to the injuries in the hospital and thereafter the second respondent being the wife of deceased lodged a complaint against the petitioner and seven others with the first respondent police. Consequent to this second FIR, the first respondent police included Section 302 IPC in the list of offences in crime No. 108/2002. After completion of the investigation, the first respondent police filed a charge sheet on 29. 01. 2003 for the offences punishable under Section 143, 147, 148, 302 read with Section 149 IPC and the same came to be registered in C. C. No. 115/2003. In this charge sheet the names of seven accused were included and the name of the petitioner was excluded. The Jurisdictional Magistrate committed the case to the Sessions Court at Mandya for trial. The Sessions Court framed the charges and issued witness summons to record evidence. When the matter stood at that stage the respondent police filed additional charge sheet on 01. 07. 2005 before the Jurisdictional Magistrate to include the petitioner as accused No. 8. The Jurisdictional Magistrate vide order dated 02. 07. 2005 had taken cognizance of the offence against the petitioner in C. C. No. 644/2005 and issued non-bailable warrant to the petitioner. Aggrieved by this order of the Jurisdictional Magistrate the petitioner is before this Court under Section 482 Cr. P. C.

(3.) HEARD arguments on both the side and perused the entire petition papers.