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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF OCTOBER, 2019

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

Crl.P. No.6992/2018

BETWEEN:

1.

Mohiuddin Shariff

Aged about 46 years

s/o Abdul Raheem

No.25, 2^nd Main Kousar

Nagar, R T Nagar

Bengaluru-560032.

2.

Md.Shakeel Rahman

@ Mohammed Shakil

Aged about 51 years

s/o Abdul A K Shareef

No.23, 1^st Cross, Kousar

Nagar, Dinnur, R T Nagar

Bengaluru-560 032.

3.

Tayab ur Rahman

Aged about 50 years

s/o Parveez, No.29/A

5^th Cross, Rehmath

Nagar, R T Nagar

Bengaluru-560032.

4.

Musheer Ahmed

Aged about 43 years

s/o Basheer Ahmed

No.69/75, 3^rd Main

Kousar Nagar, R T Nagar

Bengaluru – 560032.

… Petitioners

(By Sri Naveed Ahmed, Advocate)

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AND:

1.

State of Karnataka

Through R T Nagar P S

Bengaluru-560032

Rep. by SPP, High Court

Bengaluru-1.

2.

Siddiq, aged about 68 years

s/o Abdul Salam, No.92/1

3^rd Cross, Kousar Nagar

R T Nagar, Bangalore-32.

.

... Respondents

(By Sri R D Renukaradhya, HCGP for R1)

This criminal petition is filed under 482 of Cr.PC

praying to quash the complaint at Annexure-A, FIR at

Annexure-B and final report (charge sheet) at Annexure-

C and thereby the proceedings in Criminal Case i.e. CC

No.5523/2018 pending on the file of the LVI Additional

Chief Metropolitan Magistrate Court, Bengaluru (56

CMM) for the offences u/S.323, 325, 341 and 506 r/w

149 of IPC.

This petition is coming on for admission this day,

the Court made the following:-

ORDER

In the instant petition, petitioners have sought for

the following relief:

(A)

Quash

the

complaint

at

Annexure-A FIR in Cr.316/2017 at

Annexure-B and Final Report (Charge

Sheet) at Annexure-C and thereby the

proceedings in Criminal Case i.e CC

No.5523/2018 pending on the file of

the

LVI

Addl.

Chief

Metropolitan

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Magistrate Court, Bengaluru (56 CMM)

for the offences u/Sec.323, 325, 341

and 506 R/w 149 IPC in the interest of

justice and equity.

2.

Learned

counsel

for

the

petitioners

submitted that having regard to the nature of

allegations alleged in the complaint, the offences

punishable under Sections 323, 341, 325, 506 read

with Section 149 of IPC are not attracted. Hence, the

FIR

and

consequential

charge

sheet

in

CC

No.5523/2018 pending on the file of the LVI Additional

CMM, Bangalore (56 CMM) are liable to be set aside.

Under Section 482 of Cr.PC, scope is very limited. Apex

Court from time to time held that under what

circumstances, petition under Section 482 of Cr.PC

could be entertained. One of the ingredient is that the

allegations would fall under particular offence or not.

On reading of complaint in the present petition, it is

evident that the offence punishable under Section 323

of Cr.PC is attracted. In view of the fact that

complainant was beaten by the accused. Further

wound certificate dated 23.1.2018 has been placed on

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record by the learned State Counsel. There were six

injuries mentioned in the wound certificate. In this

regard, the doctor has opined that they are simple in

nature except injury No.2, which is grievous in nature.

Having regard to these facts and circumstances, petition

under Section 482 of Cr.PC is not maintainable.

Accordingly, petition stands dismissed reserving liberty

to the petitioner to make a necessary application for

discharge in accordance with law.

Sd/-

JUDGE

Bkm