H.P.SANDESH
M. C. KUMAR, S/O LATE M. CHINNAPPA – Appellant
Versus
STATE OF KARNATAKA, BY PULAKESHINAGARA POLICE, BENGALURU – Respondent
ORDER :
1. This petition is filed under Section 482 of Cr.P.C, praying this Court to set aside the order dated 03.07.2018 passed by the XI Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.53027/2020 taking cognizance, registering case and ordering process to the petitioners for the offences punishable under Sections 427, 448, 143, 147 read with Section 34 of IPC and to quash the entire proceedings.
2. The factual matrix of the case is that respondent No.2 filed a complaint against the petitioners making the allegation that on 03.01.2017 these accused persons trespassed the house, caused damage to the house, threatened her and thrown out the vessels outside the house and hence she gave the complaint on the very same day. The police after receiving the complaint, acknowledged the complaint and again complaint was given on 22.02.2017 and the police have registered the case for the above offences and thereafter investigated the matter and filed the charge-sheet against the petitioners herein. The learned Magistrate after receiving the complaint, took the cognizance vide order dated 03.07.2020 and hence the petitioners are before this Court.
3. The main contention of the pet
State of punjab v. Sarwan singh reported in AIR 1981 SC 1054
Venkappa v. Regional transport officer and another reported in 1978(2) KAR.L.J. 457
State of karnataka v. Vedavati reported in 1978 CrLJ 1375
Sarah mathew v. Institute of cardio vascular diseases and others reported in (2014) 1 SCC (Cri) 721
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