Rekha vs State of Karnataka - 2022 Supreme(Kar) 1268

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Kar) 1268

MOHAMMAD NAWAZ
Rekha – Appellant
Versus
State of Karnataka – Respondent

Advocates appeared:
Sanjay A.Patil, Advocate, Gururaj V.Hasilkar, Advocate

JUDGMENT

1. The order dtd. 28/10/2022 passed by the Court of Additional Civil Judge and JMFC, Bhalki in C.C.No.313/2014 allowing the application filed by the prosecution under Sec. 319 of Cr.P.C., and issuing notice to the petitioner herein, is under challenge in this petition filed under Sec. 482 of Cr.P.C.

2. Heard both sides and perused the material on record.

3. It is alleged by the prosecution that on 16/1/2014 at about 12.30 noon, in view of a civil dispute, when the complainant and his wife Rangamma were proceeding towards their land accused Nos.1 to 4 wrongfully restrained them and assaulted with club, knife etc., and caused injuries to them.

4. FIR was registered against accused Nos.1 to 4 for offences punishable under Ss. 341, 504, 323 ,324 r/w 34 of IPC. The petitioner was arraigned as accused No.4 in the FIR. However, while filing charge-sheet her name was deleted and charge-sheet was filed against accused Nos.1 to 3. Trial was held against the said accused in C.C.No.313/2014 on the file of the Court of Additional Civil Judge and JMFC, Bhalki.

5. The complainant was examined as PW.3 and his wife Rangamma was examined as PW.4. The prosecution filed an application under Se

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