THIRUMALEGOWDA Vs. STATE

JUDGEMENT

(1.) THE brief facts of the case are the 1st petitioner is the father and petitioners 2 to 6 are his sons. One Mayanna of Binnimangala village had filed a complaint against the petitioners alleging that on 23-5-94 at about 7-00 p. m. himself, his monther, brothers and others went to the house of the petitioners and questioned the 1st petitioner Thirumalegowda as to why his sons i. e. petitioners 2 to 6 quarrelled with one Billappa. At that time suddenly all the petitioners attacked the complainant and others with bats, chains, clubs and sickles and some of them received serious injuries. On the basis of the said complaint, the respondent police registered a case in Cr. No. 353/94 for the alleged offcences punishable under Ss. 143, 147, 148, 324, 307 r/w. S. 149, IPC making these petitioners as accused. Subsequently, the petitioners 1, 2, 4 and 6 were granted anticipatory bail and petitioners 3 and 5 were released on regular bail. The main grievance of the petitioners is that though the complaint was lodged on 23-5-94 the respondent police had not filed any charge sheet so far. On the other hand, the petitioners are made to appear before the Court on all the hearing dates notwithstanding the fact that the charge sheet was not filed. Therefore, they submit that necessary directions may be issued to the police either to file the charge sheet and direct the learned Magistrate not to insist upon the accused persons to appear before the Court on all the hearing dates till the charge sheet is filed.

(2.) HEARD the learned advocate appearing for the petitioners and the learned Addl. S. P. P. for the respondent.

(3.) IT is an undisputed fact that the complaint came to be filed on 23-5-1994. Even though 4 years have elapsed, the prosecution has not filed the charge sheet and no valid reason is forthcoming as to why charge sheet has not been filed. This act of the respondent police is highly deprecated. However, the police is directed to file the charge sheet within three months lest the Court shall pass necessary orders discharging or acquitting the accused in this case.