SMT. SARVA MANGALA AND OTHERS Vs. STATION HOUSE OFFICER KUNIGAL POLICE STATION, KUNIGAL TALUK, TUMKUR DISTRICT

JUDGEMENT

(1.) The petitioners are arrayed as accused Nos. 3 and 4 in S.C. No. 40/2016, pending on the file of VI Additional District and Sessions Judge, Tumakuru.

(2.) Respondent No. 1 - Police have registered a case in Crime No. 259/2015 against all the accused persons for the offences under Sections 465, 498A, 120B, 201, 302 and 307 r/w. 34 of I.P.C. During the course of enquiry before the trial Court, accused Nos. 3 and 4 i.e., petitioners herein have filed an application for their discharge under section 227 of the Cr.P.C., 1973 The trial Court after hearing both the parties has passed an order on 04.05.2017 holding that there are sufficient grounds to frame charges against accused Nos. 1 to 4 for the offences punishable under Sections 465, 498A, 120B, 201, 302 and 307 r/w. 34 of I.P.C. and accordingly posted the case for framing of charges against them.

(3.) Learned counsel for the petitioners seriously contends that the trial Court has committed serious error in not looking into the charge-sheet papers and reading statement of the witnesses and in omnibus manner has came to conclusion that, the offences have to be proved during full fledged trial, therefore, there is sufficient grounds to frame charges against accused Nos. 3 and 4 also even for the offences under Sections 465, 498A, 120B, 201, 302 and 307 r/w. 34 of I.P.C.