Point of Law: A counter complaint is always permissible on the same incident as there can be complaints and two FIRs', if it is a case of complaint and counter complaint or a case of consequential complaint.

ORDER :

Petitioner in this criminal petition calls in question proceedings instituted before the Principal Civil Judge (Senior Division) & Chief Judicial Magistrate, Hosakote, Bengaluru Rural District in crime No.224 of 2018, registered at Hoskote Police Station for offences punishable under Sections 504, 332 and 353 of the Indian Penal Code, 1860.

2. The case projected by the prosecution is as follows:-

In the year 2018, at the time when elections to the Karnataka Legislative Assembly were notified, the activities of election were at large. On 18-04-2018, the complainant/1st respondent registered a complaint before the Hosakote Police Station alleging that he was appointed as the Head of a Flying Squad of the election duty and on the morning of that day, Bharathiya Janatha Party had put up lot of buntings on the occasion of the arrival of Sri Amit Shah. This according to the complainant was without authorization. It is his further case that, buntings so put up unauthorisedly were ordered to be removed by a Health Inspector of the Municipality at Hosakote by name, Miss Nusrat Banu. The Health Inspector alleged that she along with her staff viz., Mr. V. Nagaraj, Mr. Chennakeshava, Mr. Ramesh and Mr. Ashok went to J.C. Circle at 6.45 a.m. and removed few buntings. At that point of time, the allegation is that, the petitioner who is the leader of the BJP in the locality obstructed for removal of buntings. This was informed by Miss Nusrat Banu to the complainant on telephone being made at 7.45 a.m.

3. On such information, it is the case of the complainant that he went to J.C. Circle along with other staff for removing unauthorized buntings and it is at that point of time, the petitioner along with others abused the Officers with filthy words and the further allegation is that, one Ashok, a resident of Kammavaripete assaulted the complainant with hand.

4. On the basis of the incident which took place between 6 a.m. and 9 a.m., a complaint came to be registered by the complainant Mr. Nisar Ahmed at 9 a.m. in Crime No.223 of 2018 alleging offences punishable under Section 127A of the Representation of People Act, 1951 and 1988, Section 3 of the Karnataka Open Place Disfigurement Act, 1951 and 1981 (for short ‘the Disfigurement Act’) and Section 171H of the Indian Penal Code, 1860. The accused in the complaint were workers of BJP to be known.

5. On the same incident of the same time, the very same complainant registers another complaint which became Crime No.224 of 2018. The allegation is for the offences punishable under Section 504, 332 and 353 of the IPC. The time of the incident was at 7.45 a.m. to 7.50 a.m. and the complaint is registered at 9.15 a.m. Therefore, for an incident that took place between 6 a.m. and 9 a.m. two separate complaints are registered on the very same incident of removal of buntings by the very same complainant. It is these proceedings instituted by registration of FIR in Crime No.224 of 2018 that is called in question in the subject criminal petition. Insofar as Crime No.223 of 2018, it is submitted that there is substantial progress in the case and is at the stage of evidence.

6. Heard Sri Sandesh J. Chouta learned senior Advocate for Sri Karthik V., learned counsel for the petitioner; Sri S. Balan, learned counsel for respondent No.1 and Smt. Namitha Mahesh B.G., learned High Court Government Pleader for respondent No.2.

7. The learned senior Advocate, Sri Sandesh J. Chouta, would submit that the time of offence, place of offence and the incident which has triggered in registering the complaints, all of them happened between 6 a.m. and 9 a.m. Therefore, there can be only one complaint on this incident and there cannot be multiple complaints for a solitary incident. The complaint against the petitioner was for obstruction while removing buntings. This complaint was registered at 9 a.m. which became Crime No.2