Sunil Redson S/o Shantakumar Redson v. State of Karnataka Through Yadgiri Town Police Station
2017-02-03
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioner/accused Nos.1 to 6 under Section 482 of Cr.P.C., praying to quash the entire proceedings in C.C. No. 373/2016 pending on the file of Senior Civil Judge and CJM, Yadgiri, registered for the offences punishable under Sections 143, 147, 323, 341, 504, 506 r/w Section 149 of IPC. 2. Brief facts of the case are that, one Rev. Paul Madhukar lodged a complaint alleging that accused Nos.1 to 7 used to attend the Yadgiri Methodist Church as devotees and used to make insulting aspersions against the complainant and have tried to assault him. It is also alleged that the accused persons used to interfere in the administration of the Church and religious activities. When that being the case, on 05.07.2015 at 11.00 a.m., accused No.3 and along with accused No.1 stopped the complainant by force, abused him in filthy language and thereafter gave a life threat and accused No.3 pulled with collar of the shirt and other 5 accused persons ashamed him and insulted him and the remaining accused persons warned the complainant that if he comes to the Church on the future Sunday, he will be finished. On the basis of the complaint, a case has been registered against the accused persons in Crime No. 203/2015 for the offences punishable under Sections 143, 147, 323, 341, 504, 506 r/w Section 149 of IPC. After completion of investigation, charge-sheet was filed. Being aggrieved by the said proceedings, petitioners are before this Court, seeking quashing of the same. 3. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State. 4. The main grounds urged by the learned counsel for the petitioners are that no such incident has taken place as alleged in the complaint. A false case has been registered, a false investigation has been made and charge-sheet has been filed against the petitioners only with an intention to harass them. It is contended that a fabricated story has been created by the complainant only with an intention to harass the petitioners. It is also contended that the information taken under the Right to Information Act, clearly goes to show that on the alleged date of incident, no such incident has taken place. On these grounds, he prays for allowing the petition by quashing the proceedings. 5.
It is also contended that the information taken under the Right to Information Act, clearly goes to show that on the alleged date of incident, no such incident has taken place. On these grounds, he prays for allowing the petition by quashing the proceedings. 5. On the contrary, the learned High Court Government Pleader appearing for the respondent-State vehemently argued contending that the concerned police after investigation have filed the charge-sheet against the petitioners only because of the material available against them. He has also contended that this Court will not be having any jurisdiction to interfere with the proceedings and quash the same. He has further contended that if at all the petitioners are aggrieved by the said proceedings, they have to approach the Court below and ask for discharge. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the complaint and the contentions raised by the learned counsel for the petitioners. 7. No doubt, the learned counsel for the petitioner would bring to my notice the letter dated 30.10.2015 obtained under Right to Information Act, which discloses that the police have been deputed for the purpose of protection near the Church and no such incident has taken place. But, however, that is a matter, which has to be adjudicated on the facts and it can not be accepted on the face of it. When the contentions raised by the learned counsel for the petitioners requires to be considered and appreciated only on the basis of the evidence and material, then, this Court is not able to exercise the power conferred under Section 482 of Cr.P.C. When the question of fact is involved, it is to be considered and appreciated only by the Court below. It is well established principle of law that, while exercising the power under Section 482 of Cr.P.C., it has to be sparingly used and when all the material which has been produced if on the face of it does not disclose any offence or where law prescribes that prior to taking such cognizance, some legal procedure as contemplated under the law has not been followed, under such circumstances only this Court can interfere and quash the proceedings. No such circumstances are existing in this case so as to quash the proceedings.
No such circumstances are existing in this case so as to quash the proceedings. However, it has been observed that the petitioners are having liberty to approach the Court below and file an appropriate application for discharge on the same grounds. With the above observations, the petition is dismissed.