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2015 Supreme(SC) 643

ANIL R.DAVE, KURIAN JOSEPH
D. T. Virupakshappa – Appellant
Versus
C. Subash – Respondent


Advocates:
Advocate Appeared:
For Appellant : B. Subrahmanya Prasad, Adv.

JUDGMENT

Kurian Joseph, J.

1. Leave granted.

2. Appellant is the accused in a private complaint fled by the Respondent/complainant before Civil Judge (Jr. Div) and JMFC at Chikkanayakanahalli, Karnataka, on which the learned Magistrate took cognizance, registered the case as C.C. No. 74/2009 and issued summons to the Appellant. The case was registered Under Sections 323, 324, 326, 341, 120, 114, 506 read with Section 149 of the Indian Penal Code (45 of 1860) (hereinafter referred to as 'Indian Penal Code').

3. The Appellant moved the High Court Under Section 482 of The Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code of Criminal Procedure'), which was declined by the impugned order.

4. The facts and reasons, as stated in the impugned order, read as follows:

6. A perusal of the averments in the complaint, sworn statement of the complainant and his witnesses go to show that the complainant was picked up from his garden land at about 10.00 a.m. on 6/6/2006 in the morning. Further averment reveals that this Petitioner came to the police station later in the evening and detained him till 10.00 p.m. and also directed that he should not be let-out till he reveals or confesses














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