JUDGMENT :

K.S. Mudagal, J.

1. Heard both side.

2. "Whether the proceedings in C.C.No. 122/2017 on the file of the Additional Senior Civil Judge and A.C.J.M., Udupi amount to abuse of the process of the Court?" is the question involved in this case.

3. On 14/6/2015 Respondent No. 2 filed complaint as per Annexure-D alleging that due to some previous ill-will, the petitioner, accused Nos.2 to 4 and 15 others, forming themselves into an unlawful assembly armed with deadly weapons at about 7:30 p.m. on that day, near Kodange of Herga village assaulted him and his elder brother Antony and caused them grievous injuries.

4. On the basis of such complaint, respondent No. 1 registered FIR as per Annexure-F in Crime No. 113/2015 against the petitioner and others for the offences punishable under Ss. 143, 147, 148, 341, 324, 326, 506 read with Sec. 149 of IPC.

5. On investigation, respondent No. 1 - police filed charge sheet dtd. 30/1/2016 as per Annexure-J against 13 accused for the offences punishable under Ss. 143, 147, 148, 326, 504, 307 read with Sec. 149 of IPC. The Investigating Officer dropped the petitioner from the charge sheet on the ground that respondent No. 2 gave a further statement