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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 21^ST DAY OF JUNE 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

CRIMINAL PEITTION NO.100991/2018

BETWEEN

SHEQ AHAMMAD SIDDIKHI,

AGE: 40 YEARS,

R/O: HOUSE NO.450,

OPP. KULLAYAPPA BUILDING,

R.S. ROAD, PATEL NAGARA,

HOSAPETE, BALLARI.

.....PETITIONER

(BY SRI J S SHETTY, ADV.)

AND

1.

THE STATE OF KARNATAKA

BY ITS POLICE SUB-INSPECTOR,

HOSAPETE TOWN POLICE STATION AUTHORITIES,

DIST: BALLARI,

REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD.

2.

SMT.K. SUDHABHAYI

W/O. L. VENKATESH,

AGE: 27 YEARS,

R/O: POLICE QUARTERS,

F BLOCK, HOUSE NO.2,

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4TH WARD, HOSAPETE,

BALLARI DISTRICT.

…..RESPONDENTS

(BY SRI PRAVEEN K. UPPAR, HCGP FOR R-1

SRI ANWAR BASHA, ADV. FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

CR.P.C., SEEKING TO QUASHING OF THE ENTIRE PROCEEDINGS IN

C.C.NO.153/2017

(HOSAPETE

TOWN

POLICE

STATION

CRIME

NO.211/2016), ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC,

HOSAPETE, FILED AGAINST THE PETITIONER ON THE COMPLAINT

MADE BY THE SECOND RESPONDENT FOR THE OFFENCE PUNISHABLE

UNDER SECTION 338 OF THE IPC, BY ALLOWING THIS CRIMINAL

PETITION WITH COST THROUGHOUT IN THE ENDS OF JUSTICE AND

EQUITY.

THIS PETITION COMING ON FOR ADMISSION, ON THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

Even though the matter is listed for admission, with the

consent of learned counsel for parties, it is taken up for final

disposal.

2.

The petitioner/accused is before this Court seeking

to quash the entire proceedings initiated against him in Crime

No.211/2016 registered by Hosapete Town Police which is now

pending in C.C.No.153/2017 on the file of the learned Principal

Civil Judge and J.M.F.C, Hospete (for short, ‘Trial Court’) for the

offence punishable under Section 338 of IPC.

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3.

For the sake of convenience, the parties in this

petition are referred to as per their status and ranking before the

Trial Court.

4.

Brief

facts

of

the

case

are

that

the

informant/respondent No.2 Smt. K Sudhabhayi lodged the first

information with Hospete Town Police against the accused

stating that she was suffering from tooth ache and visited the

clinic of the accused who is a dentist. On 19.03.2016, she took

treatment with the accused. On 06.05.2016 accused suggested

for root canal procedure to molar teeth. But while conducting

root canal procedure, the accused was so negligent and the

instrument used in the procedure was broken and a piece was

remained inside the tooth. The accused under the guise of

removing the broken instrument had again treated the informant

but he could not remove it and left it there, which has resulted in

deep drilling in the tooth and unbearable pain to the informant.

She could not take any food for several days and she was on

liquid diet.

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5.

The informant stated that she is working as a

Woman Police Constable and due to the pain in her teeth, she

could not attend to her duties. Even when she requested the

accused to do something to remove the instrument which

remained inside, he pleaded his inability and has not done

anything in that regard. Therefore, the informant visited Sri

Dharmasthala Manjunatheshawara Medical College Hospital,

Dharwad (for short, ‘SDMC’) and took treatment. They noticed

two pieces of the broken instrument deep inside the tooth and

treated her after removing the same. She was charged

Rs.25,000/-. When the accused was requested to make good

the loss which caused due to his negligence, he was not ready

and willing to heed. It is stated that the accused due to his

negligent act, left the instrument broken inside the teeth by

drilling teeth deep inside causing pain and inconvenience to the

informant which has also resulted in financial loss to her.

Therefore, she requested the police to register the case and

initiate criminal proceedings against the