ORDER

This writ petition is filed by the petitioner-complainant under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. for a direction to the police to reinvestigate the matter in C.C. No.136/2021 pending on the file of Additional Civil Judge and CJM Court, Shikaripura, arising out of Crime No.76/2020 registered by Shiralakuppa police station and charge sheeted for the offences Sections 326, 504, 506 of IPC

2. Heard the learned counsel appearing for the petitioner, learned High Court Government Pleader for respondent No.1-State and learned Counsel appearing for respondent Nos.2 to 7.

3. The case of the petitioner is that the petitioner filed a complaint before the police on 10.07.2020 alleging that on 01.07.2020, he was said to be given information to the accused Murthy and Nagaraj. Thereafter, Murthy and Nagaraj and the accused persons said to be assaulted him. Therefore, he went to the police station on 02.07.2020 and lodged a complaint against the accused Nos.2 to 7. On that back ground, at 8.45 p.m., when he was near the house, accused Nos.2 to 7 came and obstructed him and assaulted by making him fall down and one of the accused assaulted with spanner on the leg and caused injury. Subsequently, one Umeshappa and Mallikarjuna came and rescued the complainant and the accused threatened the complainant that they will commit his murder. Thereafter, he was taken to the hospital. The police, initially, registered FIR for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 307, 114, 504, 506 read with Section 149 of IPC. Subsequently, after investigation, the police filed charge sheet by deleting Sections 143, 147, 148, 323, 324, 307, 114, 149 of IPC and filed charge sheet only for the offences punishable under Sections 326, 504 and 506 of IPC. Therefore, the complainant is before this Court seeking a direction to the police to reinvestigate the matter.

4. Learned counsel for the petitioner has contended that the police have not properly investigated the matter. They have filed charge sheet, but they have not produced wound certificate. The name of the doctor is not shown in the charge sheet. The petitioner was admitted in the hospital for the injuries which are grievous in nature. There was fracture of fibula and tibia. Therefore, the police are required to investigate the matter. Hence, prayed for a direction to the police to reinvestigate the matter.

5. Per contra, learned High Court Government Pleader has contended that the police officers have properly investigated the matter and have rightly filed charge sheet. There is no intention to commit offence and there is no need to reinvestigate the matter.

6. Having heard the learned counsel appearing for the parties, perused the records.

7. On perusal of the records, especially the complaint and its averments, nowhere, the complainant has stated that the accused persons assaulted him with common object to commit his murder and they assaulted on any vital part of the body. One of the accused persons, namely, Nagaraj and Ganeshappa made the complainant to fall down and assaulted with their legs. Later, another accused, Chennamalla assaulted him with hands by tearing the clothes of the complainant. The accused Nagaraj, who was said to be already having spade in his hands, assaulted by using the same on tibia or fibula and caused injuries. The other accused also assaulted with sticks, due to which, the complainant sustained injuries. Two persons namely, Umeshappa and Mallikarjuna came and rescued the complainant. The accused threatened the complainant that they will kill him, if he once again comes in the affairs of the accused.

8. Perusal of the complaint further states that the accused persons had an intention to commit assault not on his vital part of the body and nobody has touched the head and not used any sharp weapons like knife, sword etc. except the handle of the spade, which was used for assaulting the tibia and fibula bones. S