A Magistrate's cognizance and the filing of a charge sheet cannot be challenged via a Section 482 CrPC petition to compel a de novo investigation for omitted charges once the trial has already commenced.

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT IN C.C.NO 1768/2022, PRODUCED AT ANNEXURE-D FOR THE OFFENCES UNDER SECTION 143, 147, 504, 506 R/W 149 OF IPC, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT MULBAGAL AND ORDER OF TAKING COGNIZANCE DATED 03-09-2022, PASSED BY THE SENIOR CIVIL JUDGE AND J.M.F.C, MULBAGAL, PRODUCED AT ANNEXURE-H AND TO DIRECT THE FRESH OR DENOVE OR RE-INVESTIGATION ON THE COMPLAINT OF THE PETITIONER, PRODUCED AT ANNEXURE-C.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner – complainant is before the Court calling in question the entire proceedings in C.C.No.1768/2022, pending before the Senior Civil Judge and JMFC, Mulbagal, for the offences under Sections 143, 147, 504, 506 r/w. 149 of the IPC.

2. Heard Sri Kodanda Rama T., learned counsel for petitioner, Sri K. Nageshwarappa, learned High Court Government Pleader for respondent No.1. Notice to respondent No.2 is not issued.

3. Facts in brief, germane, are as follows:

The petitioner is the complainant, registers a complaint which becomes a crime in Crime No.180/2021 for offences punishable under Sections 143, 447, 504, 188 and 149 of the IPC. The police conduct investigation and file a charge sheet on 28.06.2022, for the offences under Sections 143, 147, 504, 506 and 149 of the IPC. The concerned Court took cognizance of the offences on 03.09.2022 and the trial is set into motion. Now the petitioner - complainant is before the Court seeking quashment of the charge sheet and the order of taking cognizance by the concerned Court in C.C.No.1768/2022.

4. Learned counsel for the petitioner - complainant admits that an offence under Section 447 of the IPC ought to have been involved by the police at the outset and the concerned Court while registering the criminal case in C.C.No.1768/2022. The police deliberately taken away the offence punishable under Section 447 of the IPC and there is a clear case of trespass into the property of the petitioner by respondent Nos.3 to 11 – accused Nos.1 to 9.

5. Learned High Court Government Pleader would, however, refute the submissions, contending that the dispute has arisen on account of the orders passed by the concerned civil Court in O.S.No.63/2005, in which the petitioner is said to be in the physical possession of the suit property.

6. The allegation is that, all the accused persons have gathered, hurled abuses or threatened the complainant. The crime had been registered for the offences punishable under Section 447 of the IPC, inter alia. Finding no evidence, the offence punishable under Section 447 of the IPC is dropped and offences punishable under Sections 143, 147, 504 and 149 are retained and Section 506 of the IPC is included. The charge sheet is filed on 28.06.2022. The trial is in progress. The petitioner cannot now contend that the charge sheet for the offence punishable under Section 447 of IPC should have been retained in the charge sheet.

7. The submissions of the learned High Court Government Pleader would merit acceptance as the trial has travelled long. Therefore, there is no warrant of interference now to direct de novo investigation into the matter. However, it is open to the petitioner to avail of such remedy as is available in law.

8. Finding no merit, the criminal petition stands dismissed.

I.A.No.1/2026 stands disposed, as a consequence.