V K SREENIVASAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition under Section 482 of Cr.PC is filed by the petitioners No. 1 to 7, who are respectively Nos.1 to 7 in PCR No.11/2001 (CC No.194/2005) on the file of he learned Principal Civil Judge (Junior Division) and Judicial Magistrate First Class, Malur (hereinafter referred to as 'Trial Court' for short). The petitioners have sought for quashing of the order dated 6.7.2005 (Annexure-A) passed in the said case issuing process against them for the offences under Sections 302, 306 and 506 read with Section 149 of IPC on the complaint of respondent No.2 herein.

(2.) Stated in brief the facts leading to the present petition are as under:

(3.) Sri K Manjunath, the learned Counsel for the petitioners No. 1 to 6 strongly contended that the learned Magistrate committed serious error in issuing process against these petitioners for the said offences, inasmuch as the averments in the complaint, the sworn statements of the complainant and her witnesses do not constitute the ingredients of any of the offences under Sections 302,306 and 506 read with Section 149 of IPC and therefore the impugned order issuing process against these petitioners for the said offences deserves to be set aside and all further proceedings in the said case deserve to be quashed.