K.M. Mahadevaswamy Vs State by Srirampura P.S

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, HOSADURGA TALUK, CHITRADURGA DISTRICT IN C.C.NO.1614/2021 FOR THE OFFENCE P/U/S 279, 337, 338 OF IPC AND SEC.146, 196 OF IMV ACT WHICH IS ANNEXURE-D AS AGAINST THE PETITIONER HEREIN TO SERVE.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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The proceedings initiated against the petitioner in CC.No.1614/2021 on the file of the Additional Civil Judge and JMFC, Hosadurga, Chitradurga District is questioned in this petition preferred under Section 482 of Cr.P.C.

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Petitioner is arraigned as accused in Crime No.5/2021 of Srirampura Police Station, registered for offences punishable under Section 279 and 337 of IPC, on a complaint lodged by one Rajanna S/o. Veeranna.

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NC: 2025:KHC:15523 CRL.P No. 1055 of 2022

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It is alleged that the 2 victims by name

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Naveena i.e., son of the complainant and his friend Harsha

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while proceeding on a motor cycle bearing Reg.No. KA-53-EE-7428, the driver of a tractor bearing Reg.No. KA-16-T-764 by driving the said vehicle in a rash and negligence manner hit against the motor cycle and caused the accident on account of which both of them sustained injuries.

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It is contended by the learned counsel for

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petitioner that complainant's son Naveena was riding the motor cycle and he being a minor is himself responsible for the accident. However, a false case has been registered against the petitioner. It is contended that the petitioner also lodged a complaint with the police, but no action was taken. He further contended that while filing the claim petition before the tribunal by the injured Naveen Kumar, his age is shown as 19 years, however, as per school certificate, his date of birth is 19.04.2003 and therefore, he was a minor as on the date of accident. He

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4 - NC: 2025:KHC:15523 CRL.P No. 1055 of 2022

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contended that the owner of the motor cycle could not have allowed a minor to use the said motor cycle and even though there was no fault of the petitioner, he has been wrongly arraigned as an accused and therefore, charge sheet filed against the petitioner is an abuse of process of law.

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According to the prosecution, petitioner was the driver of the tractor which involved in the accident in question. In the said accident complainant's son by name Naveena and one Harsha have sustained injuries. The contention of the petitioner that he is not at all involved in the accident and that complainant by name Naveena was a minor and he was riding the motor vehicle etc, is a matter which cannot be enquired into at this stage, in this petition preferred under Section 482 of Cr.P.C. While exercising the inherent power, this Court is not expected to conduct a mini enquiry.

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The petitioner is at liberty to take all contentions and set forth his defence before the trial

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NC: 2025:KHC:15523 CRL.P No. 1055 of 2022

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Court, where the proceedings are pending. Even before the tribunal where the claim petition is filed, the petitioner has an opportunity to putforth his defence. Petitioner is also at liberty to seek for his discharge by filing necessary application, if so advised.

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Petition is dismissed .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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PK List No.: 1 Sl No.: 18 CT: BHK

K.M. Mahadevaswamy v. State by Srirampura P.S

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K.M. Mahadevaswamy v. State by Srirampura P.S

Case brief

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