Smt Sultana Begum Vs State of Karnataka

SMT. SURAYA BANU W/O LATE BEGG Z A, AGED ABOUT 48 YEARS, MHPS SCHOOL MUDIGERE, R/O MUDIGER BUS STAND BACK, MUDIGERE TOWN, CHIKKAMAGALUR-577102 KARNATAKA

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SRI. MOHAMMED HUSSAIN S/O MOHAMMED ASIF, AGED ABOUT 30 YEARS, STAR SERVICE STATION, KALIDASA NAGARA, CHIKMAGALUR-577101

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SRI. PYAREJOHAN S/O LATE MOHAMMED, AGED ABOUT 64 YEARS, RESIDING AT HOYSALA NAGARA, HASSAN-573201

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SRI. SARFARAZ S/O BASHAM, AGED ABOUT 35 YEARS, RESIDING AT BASAVANAGUDI STREET, HOLENARASIPUR TOWN-573211

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…PETITIONERS

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(BY SRI.NAVEED AHMED, ADVOCATE FOR P1 TO P3 & P5 TO P8)

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AND:

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STATE OF KARNATAKA BY MOODIGERE POLICE, CHIKMAGALURU DISTRICT REPRESENTED BY S.P.P,

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NC: 2025:KHC:25345 CRL.P No. 5554 of 2018

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HC-KAR

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HIGH COURT, BANGALORE-560001

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MR GHOUSE BAIG

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S/O LATE IBRAHIM BAIG, AGED ABOUT 58 YEARS, RESIDING AT HOUSING BOARD COLONY, NEAR POLICE QUARTERS, HESGAL ROAD, MOODIGERE TOWN-577132

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…RESPONDENTS

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(BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.J.I.KITTUR, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO A. SET ASIDE THE ORDER DATED 08.06.2018 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MOODIGERE IN C.C.NO.411/2018 GRANTING PERMISSION TO BE RESPONDENT NO.1 POLICE TO REGISTER THE FIR AND TO SUBMIT THE REPORT U/S 156(3) OF CODE OF CRIMINAL PROCEDURE AS PER ENDORSEMENT BEARING ON ANNEXURE-B AND ETC.,

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

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CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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ORAL ORDER

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Petitioners who are arraigned as accused Nos.1 to 8

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have filed this petition under Section 482 of Cr.P.C to quash the criminal proceedings initiated against them in C.C.No.411/2018 on the file of Prl.Civil Judge and JMFC

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HC-KAR

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Mudigere, for the offences punishable under Sections 143, 147, 447, 504, 506 r/w Section 149 of IPC.

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In support of the petition, the accused has contended that the very registration of FIR in

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Cr.No.11/2018 and the filing of the charge sheet is illegal, unsustainable and liable to be set aside. In the complaint, no details are forthcoming to attract the provisions of

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Sections 143, 147, 447, 504, 506 r/w Section 149 of IPC. The complaint was filed as against accused Nos.1 to 4. There is no whisper with regard to presence of other accused. The order granting permission to register the

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case is very cryptic and there is no application of mind. The enquiry/investigation undertaken by the investigating officer is a perfunctory and lopsided. The accused were never summoned and no enquiry was held. In fact, on 14.01.2018, accused Nos. 1 to 4 were summoned and the statements were recorded and thereafter they were advised to sort out their differences, but later after taking permission case was registered. Continuation of the

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HC-KAR

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criminal proceedings amount to abuse of the process of the Court and hence, the petition.

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On the other hand, learned High Court Government Pleader representing the respondent No.1 State and learned counsel for respondent No.2 submit that the complainant and accused are no other than brothers and sisters. They have already divided the properties belonging to their father. With regard to the house property wherein their parents were residing is to be divided. In connection with the same, the incident dated 12.01.2018 took place. Complainant who came to know about it, rushed to the police station and filed complaint naming only accused Nos.1 to 4. Later the other accused are also implicated. The allegations require detailed investigation and pray to dismiss the petition.

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Heard arguments and perused the record.

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It is pertinent to note that accused and

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respondent No.2/complainant are siblings. They have

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HC-KAR

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divided all the properties belonging to their parents except

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the residential house which is to be divided between the sons. This background on 12.01.2018 at 6.30 p.m, when the wife of complainant was alone in the house, the accused Nos.1 to 4 went near the house and quarreled saying that they are also entitled for share in the house property. When complainant returned home, he came to know about the incident when he was still outside the door and immediately he went to the police station and gave complaint against accused Nos.1 to 4, with a request to summon them and advise them. However, later he came to know about the details of the incident, he has given

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further statement, implicating all the accused persons.

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Based on the first information, the

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investigating officer has sort permission to investigate. Even though the Magistrate has passed cryptic order, granting permission to register the case, having regard to

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the fact that after the registration, it is realized that in fact, cognizable offence has taken place and ultimately

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HC-KAR

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charge sheet is filed. It makes out a prima facie case.

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There are eye witnesses to the incident. Matter requires a detailed trial, wherein the prosecution is to be provided an opportunity to prove the allegations against the accused persons. For these reasons, this Court is of the considered opinion that it is not a fit case to quash the criminal proceedings. In the result, petition fails and accordingly the following:

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ORDER

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i) Petition filed by the petitioners/accused Nos.1 to 8 under Section 482 of Cr.P.C is

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hereby rejected.

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ii) The Registry is directed to send a copy of the order to the trial Court through email.

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Sd/(J.M.KHAZI) JUDGE

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RR