ORDER :

1. These two petitions are filed under section 482 of Cr.P.C., seeking to quash the order dated 24.6.2017, passed by the II JMFC Court, Hubballi, against the petitioners in Crime No.641/2007 of Vidyanagar P.S., taking cognizance for the alleged offences punishable under sections 307, 120(B), 114 of IPC.

2. The brief facts of the case are that, on 11.12.2007, the complainant Smt.Chandanarani W/o.Dr.Shivanand Doddamani made a complaint by way of giving statement in KIMS Hospital, before the PSI of Vidyanagar, P.S. She has alleged in the complaint that on 10.12.2007 at about 10.45 p.m., herself and her husband Shivanand Doddamani were sleeping in the house, two persons ranged the door bell on account of treatment for emergency case. Accordingly she opened the door and after having information she informed her husband Dr.Shivanand Doddamani to attend the persons so approached. When her husband came out of the house, the said two unknown persons fired in all four bullets upon Dr.Shivanand Doddamani, who sustained bleeding injuries and fell down. On hearing the bullet sound, the complainant came out of the room and found her husband lying. She has also stated that the two persons who fired bullets were aged about 30 years and roughly of height of 5’11”. She immediately took the help of Dr.Ashtagimath who was residing in front of the quarters of the complainant and her husband was shifted to KIMS Hospital, Hubballi, where she made the statement of complaint. She has further stated in the complaint that she suspect the involvement of Dr.M.G.Hiremath and Dr.Hangaraga, who might have hired the shooters in order to eliminate her husband, who was holding the post of Superintendent in KIMS Hospital.

3. On the basis of the said complaint, Vidyanagar Police registered Crime No.641/2007 for the offences punishable under sections 307, 120(B), 114 of IPC and section 25 of Arms Act. Initially the investigation was taken up by the Assistant Commissioner of Police, North Division, Hubballi. Thereafter the investigation was entrusted by the Government to the COD Police. The COD Police took up the further investigation and after completing the investigation, submitted ‘C’ report on 23.10.2009 before the jurisdictional Magistrate. Aggrieved by the ‘C’ report, the first informant and also victim filed protest petitions on three occasions i.e., two petitions on 4.2.2010 and one petition on 26.6.2010. They challenged the report submitted by the police.

4. The learned jurisdictional Magistrate, after hearing the counsel for the first informant, passed the impugned order on 24.6.2017, by which he accepted the ‘C’ report as against accused Nos.1 and 2 and rejected the same against accused Nos.3, 5 and 6. Accused Nos.4 and 7 were discharged from the case. The learned Magistrate directed the office to register the criminal case against accused Nos.3, 5 and 6 for the offences punishable under sections 307, 120(B) and 114 of IPC.

5. Accused No.6 has filed Crl.P.No.101612/2017 seeking to quash the impugned order, whereas, accused No.3 has filed Crl.P.No.101613/2017 seeking to quash the impugned order. Since both the petitions arise out of the impugned order dated 24.6.2017, passed by the JMFC-II Court, Hubballi, both the petitions were heard together and disposed of by this common order.

6. The petitioners have contended that when the learned Magistrate has accepted ‘C’ report against accused Nos.1 and 2, there cannot be any trial against the petitioners/accused Nos.3 and 6 and it would be a futile exercise. It is further contended that the police have not followed the guidelines laid down by the Apex Court while subjecting the petitioners to Narco Analysis Test and other tests and therefore the entire investigation is vitiated. It is also submitted that the protest petitions filed by the complainant and victim cannot be treated as a complaint under section 2(d) of Cr.P.C. Therefore the learned Magistrate would not have taken cognizance of the alleged offence