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2021 Supreme(Kar) 230

H.P.SANDESH
S. SHIVAKUMAR – Appellant
Versus
STATE OF KARNATAKA BY CHICKABALLAPUR RURAL POLICE CHICKABALLPUR – Respondent


Advocates Appeared:
For the Appellant :SRI S.P.KULKARNI, ADVOCATE
For the Respondent:SMT. NAMITHA MAHESH B.G., HCGP FOR R1; SRI S.SHANKARAPPA, ADVOCATE

ORDER :

1. This petition is filed under Section 482 of Cr.P.C, praying this Court to quash the entire proceedings in S.C.No.145/2019 on the file of Principal District and Sessions Judge, Chickballapur for the offence punishable under Sections 167, 330, 342, 348, 307 read with Section 149 of IPC (arising out of C.C.No.572/2014 on the file of Additional JMFC, Chikkaballapur and grant such other reliefs as deem fit in the facts and circumstances of the case.

2. The factual matrix of the case is that respondent No.2 herein had lodged the complaint before the learned Magistrate and the same is numbered as PCR No.215/2013. The learned Magistrate, after receiving the complaint proceeded to record the sworn statement and after recording the sworn statement, issued the process against these petitioners. The complainant in the complaint made a specific allegation against these petitioners that on 14.05.2010, at about 5.30 a.m., accused No.2 along with his constables came to his house and at that time, his son was not in the house. Hence, the police instructed to bring his son to Chikkaballapur Police Station for some enquiry. On the same day, one of the friends by name N. Byregowda has calle

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