GAJENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are accused Nos.1 and 4 are before this Court invoking Section 397 r/w 401 of Cr.P.C., praying this Court to set aside the order dated 24.10.2017 and also sought to set aside the charge sheet dated 15.02.2018 and grant such other relief's as deemed fit in the circumstances of the case.

(2.) The factual matrix of the case is that the police have registered the case against these petitioners and other accused persons for the offence punishable under Sections 323, 324, 354(B), 504, 506 and 109 r/w 34 of IPC. The accuse persons have filed an application before the Court below under Section 239 of Cr.P.C., to discharge the accused for the offences invoked against them and the same is rejected vide order dated 24.10.2017. Thereafter, the charge is also framed against these petitioners.

(3.) The main contention of the petitioners before this Court is that, these petitioners have been falsely implicated in this case and Court at the time of framing the charge for tentative purpose can consider and weigh the materials on record for the purpose of ascertaining whether there are sufficient grounds to proceed against the accused for framing of charges. The trial Court has not considered the said aspect of the matter and committed an error by dismissing the application filed by the petitioners. The contention of the petitioners that, petitioner No.1 is working as Lecturer in Sou Saraswatibai Madanmohan Lohia Jr. College, Kolhapur and as on the date of offence i.e. on 10.02.2015, he was present on his duty on the said day in the working hours of the college and the working hours of the college is from 7.30 a.m. to 2.00 p.m. The offence took place at 1.30 p.m., wherein at that point of time petitioner No.1 was on his duty. In this regard, certified copy is also issued. The petitioner No.2 is a Bank employee working in Bank of India, Shiroli branch and on the date of the offence she was also on her duty. To that effect, Bank Manager, also issued the certificate dated 16.02.2015.