SUBBANNA HEGDE VS. DYAVAPPA GOWDA

( 1 ) THIS is a petition filed under Section 482, Cr. P. C. , with a prayer to call for the records in C. C. No. 571/78 on the file of the Principal Judicial Magistrate First Class, Chickmagalur, and to dismiss the complaint filed by the father of the respondent.

( 2 ) THE facts of the case giving rise to the present petition are like this :

( 3 ) THIMMAIAH the father of respondent Dyavappa Gowda filed a complaint on 1-4-1978 before the J. M. F. C. , Chickmagalur, with the allegation, inter alia, that on 6-3-1978 accused-petitioners 1 to 8 having committed criminal trespass into his house had assaulted and they had thereby committed several offences punishable under Sections 143, 147, 149, 324, 326, 342 and 506,. P. C.

( 4 ) THE learned Magistrate taking cognizance of the case recorded the sworn statement of the complainant and he being of the opinion that there were sufficient grounds for proceeding against the petitioners, who were the accused named therein, he registered a case in C. C. No. 571/78 and issued process against the accused-petitioners for their appearance. On 22-7-1978 when the accused-petitioners appeared before the court, the co

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