BASAPPA BASAVANTHAPPA Vs. HANUMAPPA BASAPPA

JUDGEMENT

(1.) This petition is directed against the order dated 20-11-1978 passed by the learned Judicial Magistrate First Class Ramadurg in Private Complaint case No. 47/1978 taking cognizance of the offences under Sec. 447 341 323 and 506 I.P.C. against the petitioner-accused-1.

(2.) Brief facts of the case are that the complainant Hanmappa Bassppa lodged a complaint alleging that he had beep to his lands bearing R S. No. 25/2 along with his wife Kalasavva and farm worker Thimmanna at about 11 a.m. when he was ploughing the lands the petitioner. who is arrayed as the first accused in the complaint along with two others suddenly came to the spot and began to abuse him in foul language and further obstructed him from proceeding with his agricultural operations. When he questioned them as to why they have come and obstruct they said that he must leave the field or they would cut him to pieces. In the meanwhile his wife and also coolie worker came there. Even at their remonstration the aforesaid accused did not heed but continued to obstruct agricultural operations When he forced himself to continue ploughing they came before him and felled him down Then the first accused caught hold of his hand and the second accused sat op his chest and all the accused assaulted him and his shirt also was torn. In the meanwhile his uncle Ningappa Shirannavar came there and he was also put to fear. That the accused have absolutely no right title Or interest in the land in question and that they have trespassed into his land with the sole intention of assaulting him and that therefore they have committed offences punishable under Sec 447 347 323 and 506 I. P. C. This complaint was lodged in the court on 19.6.1977. It was also averred in the said complaint that in terms of the above a complaint was also lodged with the police and that they have recorded his statement as also of his witnesses. But however the police have not impleaded accused-1 i.e. the petitioner herein but have filed a charge-sheet against accused 2 and 3. Because accused-1 is a big main and he is a bank manager and rich person the police have not included him in the charge-sheet as an accused. Though allegations have been made against accused-1 they have not made accused-1 as an accused and that therefore the complainant is now lodging a complaint against accused-1 also and prayed that action should be taken against him according to law.

(3.) As already stated this petition was presented in court on 18-11- 1978 and the sworn statements of the complainant and his witness were recorded on 20-11-1978 and the impugned order was passed which reads thus: