SHIVARAJ Vs. SURESH MESTA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Crimial P.C. praying this Court to quash the entire proceedings in S.C.No.18/2015 (arising out of P.C.No.87/2012) pending on the file of the Court of Prl. District and Sessions Judge, U.K., Karwar, for the offence punishable under Sections 323, 342, 364, 417, 506 r/w 149 of IPC.

(2.) The factual matrix of the case is that the respondent No.2 herein has filed the private complaint before the Principal Civil Judge & JMFC, Bhatkal against 9 persons and other 6 unknown persons with the allegations of the accused No.1 on 05.07.2012 at 10.30 a.m., with the help of other accused kidnapped her husband Shivaram Naik and wrongfully confined him and assaulted him on the head and back and threatened with dire consequences and took his signatures on the cheques belonging to Vijaya Bank, Shirali Branch and also on blank bond papers, promissory notes, inland letters. The Court below referred the matter to PSI Bhatkal Rural Police Station under Sec. 156(3) of Crimial P.C. for investigation and accordingly the case was registered and this petitioner arrayed as accused No.9. After conducting the detailed investigation and recording the statement of witnesses submitted the 'B' report. The complainant has filed the objections to 'B' report and sworn statements of CWs.1 to 3 were recorded. On hearing the counsel for complainant vide order dated 16.09.2014, without any jurisdiction, the trial Court rejected the 'B' report and took cognizance for the above said offences and thereafter the offence under Sec. 364 of Penal Code is exclusively triable by the Sessions Judge and hence the Court below committed the matter to the Sessions Court. Hence, the same is numbered as S.C.No.18/2015 and pending before the Sessions Judge U.K., Karwar.

(3.) The petitioner in this petition has contended that he has been falsely implicated in this case and after the investigation the Investigating Officer has rightly filed the 'B' report and nothing is on record about the role of this petitioner and totally it is a false case against him. Hence, the entire criminal proceedings initiated against him is liable to be quashed.