ADIVEPPASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioneraccused No.15 under Section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.1349/2018 on the file of the I-Additional Civil Judge and J.M.F.C., 1st Court, Gadag for the offences punishable under Sections 141, 142, 143, 323, 324, 341, 504, 506(2) R/W 149 of the Indian Penal Code.

(2.) I have heard the learned counsel for petitioner-accused No.15 and the learned High Court Government Pleader for respondent-state.

(3.) The gist of the complaint is that the complainant is staying along with his wife and two children. On 19.10.2005, at about 2 p.m. the 2nd son of the complainant went outside the house to make a phone call through public telephone booth and as he did not return to the house, the complainant gone in search of him and he saw near the shop that the accused Nos.1 to 6 came in a jeep and started assaulting his son with hands and legs. He saw the accused persons kicking his son with boots. Thereafter, they arrested his son without any reason and took him to the police station in their jeep. When the complainant went to the police station, he was informed that the accused have arrested his son for the reason that he has stolen some golden ornaments. The complainant approached the superintendent of police on 20.10.2005 for kidnapping his son and the accused told the complainant to pay Rs.10,000/- for his release. The accused have registered series of cases against the son of the complainant and the complainant has also registered two cases against the accused persons in different jurisdictional courts and in that backdrop the complainant contended that only with an intention to harass the complainant, accused No.1 to 17 colluding with each other have filed a false and baseless cases against the son the complainant and took action. Thereafter, the complainant has filed a private complaint before the I-Additional Civil Judge and J.M.F.C., Court Gadag and the said Court, after recording the statement of the complainant, took cognizance and issued summons to the accused persons. Challenging the same, accused No.15 is before this Court.