IMPORTANT POINT
A case and its counter case must be investigated by the same Investigating Officer to ensure fairness and prevent conflicting judgments.

ORDER :

The petitioners are before this Court calling in question the proceedings in C.C.No.364/2023 registered for offences punishable under Sections 143, 147, 148, 323, 324, 326 and 504 read with Section 149 of the IPC.

2. Heard the learned counsel Sri.Chokkareddy, appearing for the petitioners, the learned Additional State Public Prosecutor Sri.Jagadeesha B.N., appearing for respondent No.1 and the learned counsel Sri.Praneeth G.N., appearing for respondent No.2.

3. Facts in brief, germane are as follows:

The petitioners are accused. The respondent No.2 is the complainant. An incident allegedly taken place on 07.01.2023 springs into two crimes. One in Crime No.4/2023 and another in Crime No.5/2023. The Police conduct investigation and filed a charge sheet in both the crimes in Crime Nos.4/2023 and 5/2023. The charge sheets are filed in C.C.No.394/2023 against the complainant and in C.C.No.364/2023 against the petitioners. The petitioners have knocked at the doors of this Court in the subject petition contending that few of the accused, who had infact indulged in assault on the petitioners and against whom offence punishable under Section 326 of IPC was laid has been dropped from the array of accused. While all the petitioners are charge sheeted for several offences in a complaint registered by the second respondent against the petitioners.

4. The learned counsel appearing for the petitioner would vehemently contend that the incident happened on 07.01.2023 and two complaints emerge first on 10.01.2023 and the second on 12.01.2023. They are registered as Crime Nos.4/2023 and 5/2023. The Police have laid charge sheet in both these cases but there is material difference in the charge sheet laid against the petitioners and in the complaint against the second respondent.

5. It is therefore the submission of the learned counsel that both the crimes ought to have investigated by the same Investigating Officer, so that the discrepancy in laying of the charge sheet in both the crimes would not arise. According to the learned counsel, all the allegations made against these petitioners are false it is in fact, the complainant and others who have indulged in assault on the petitioners.

6. The learned counsel appearing for respondent No.2 - complainant would vehemently refute the submission to contend the police after investigation filed appropriate charge sheet before the concerned Court. Merely because an accused is dropped while filing the charge sheet, it cannot be said that the Investigating Officer is biased or has filed a partisan charge sheet. He would contend though the law is that one Investigating Officer should investigate a case and a counter case, in the case at hand, no prejudice is caused to the petitioners, as charge sheet is filed in both the cases.

7. The learned Additional State Public Prosecutor Sri.Jagadeesha B.N., appearing for the State would also toe the lines of the counsel for respondent No.2 but would admit the law that a case and a counter case should be investigated into by the same Investigating Officer. He would also admit a circular to that effect being issued by the Director-General of Police and Inspector-General of Police on 21.06.2023.

8. I have given my anxious consideration to the contentions of respective learned counsel and the learned Additional State Public Prosecutor and have perused the material on record.

9. The afore-narrated facts are not in dispute. The squabble between two warring factions i.e., the petitioners and the complainant and others is a matter of record, as one incident leaves two complaints. The incident happens on 07.01.2023; Two complaints emerge on 10.01.2023 and 12.01.2023; Two crimes are registered in Crime Nos.4/2023 and 5/2023, therefore it is a case and a counter case, as a solitary incident of assault, against each other results in the aforesaid crimes. The crimes are ostensibly registered before the same police station, as they are registered as a case and a counter case, but I