A plea of alibi cannot be grounds for quashing criminal proceedings and must be proven at trial.

Accused Nos.1 to 15 are before this Court under Section 482 of Cr.P.C , with a prayer to quash the entire proceedings in C.C.No.2541/2023 pending before the Court of Principal Civil Judge & JMFC, Bangarpet arising out of Crime No.190/2022 registered by Bangarpet police station, KGF for the offence punishable under Sections 143 , 147, 427 , 323 504 , 506 & 447 R/w 149 of IPC .

2. Heard the learned counsel for the petitioners and learned HCGP for respondent No.1.

3. Learner counsel for the petitioners having reiterated the grounds urged in the petition submits that, criminal proceedings initiated against the petitioners is clear case of abuse of process of law. A false complaint has been filed making omnibus allegations against the petitioners. Some of the petitioners were not all present at the spot of the incident. He has placed reliance on certain documents and its pleads alibi. He submits that in view of documents at Annexures D to H, it is very clear that accused Nos.3, 7, 8, 9 and 14 were not present in the spot. He submits that accused No.15 is a aged lady and she is suffering from age old ailments.

4. Per contra learned HCGP opposed the petition.

She submits that on the ground of alibi the proceedings cannot be quashed. Investigation is complete and charge sheet has been filed against all accused for the aforesaid offences. Accordingly, she prays to dismiss the petition.

5. FIR in Crime No.190/2022 was registered by Bangarpet Police Station, KGF against the petitioners for the aforesaid offences on the basis of first information received from B Eshwar Singh on 18.07.2022. It is alleged that on 17.07.2022, accused persons named in the FIR had trespassed into the property of the first informant in respect of which there was a civil dispute and had damaged the property.

When the first informant questioned the same, the accused persons abused and assaulted him and also threatened him with dire consequences to his life. It is in this background, he had approached the police. After the investigation, the police have filed charge sheet as against the accused persons for the alleged offences. CWs.2, 3 and 4 are witnesses to the incident in question. The plea of alibi cannot be a ground to quash the proceedings and same can only be a defence which is required to be proved by the accused during the course of trial. Therefore, the prayer made by the petitioners cannot be granted. Under the circumstances, I am of the opinion that the petition is liable to be dismissed.