U VALI BASHA Vs. MOHD BASHU

JUDGEMENT

(1.) THOUGH the matter is listed for admission by consent of learned Counsel for the petitioner and Respondent No. 1 who is party in person and also advocate for Respondent No. 2, it is taken up for final hearing and disposed of.

(2.) THIS petition is filed under Section 482 Cr. P. C. to set aside or quash the order dated 12-3-2007 passed by the Prl. Civil Judge (Jr. Dn.) J. M. F. C. Hospet in P. C. No. 10/07 and the order dated 11/4/2007 passed by the Prl. Session Judge, Bellary in Crl. R. P. No. 71/2007 and to direct the trial court to proceed against the respondent by accepting the sworn statement of the petitioner and his witnesses.

(3.) THE case of the petitioner is that on 11/8/2003 at about 5. 30 p. m. in front of Girls Junior College, Hospet, the respondent herein wrongly restrained this petitioner, abused him in filthy language and threatened him with dire consequences and also threatened him that they would finish him, if he failed to withdraw his vakalath in C. C. No. 774/2000. Further case of the petitioner is that after the incident he rushed to the police station along with his witnesses to lodge a complaint. They did not receive the same, there fore the petitioner filed a private complaint 258/03 before the J. M. F. C. Hospet. The J. M. F. C. , Hospet accepted the affidavit evidence of the petitioner and his witnesses, issued process against the respondents by registering a case in C. C. No. 3037/00. During the pendency of this case the District and Sessions Judge, Bellary, transferred the said case to j. M. F. C, H. B. Halli and renumbered as C. C. No. 143/04, thereafter on 24/12/2004 the said case was dismissed for default, therefore, he filed 2nd complaint on 19-2-2005 in PC No. 7/05 on the file of the JMFC, H. B. Halli and on 6/8/2005 sworn affidavit of the petitioner and his witnesses in the form of examination-in-chief have been filed and the matter was posted for orders. In the meanwhile, the petitioner has filed an application for transfer of the case and counter case. Accordingly, the Principal Sessions judge transferred both the cases to Prl. Civil Judge (Jr. Dn.) and J. M. F. C. Hospet and renumbered as P. C. 1/07. After hearing the arguments of both the parties the J. M. F. C. Hospet, passed the order on 12/3/2007 and listed the matter for recording the sworn statement of the petitioner-complainant and his witnesses. The said Court has not accepted the affidavit filed by the petitioner-complainant and his witnesses. The said order was challenged by the petitioner in Cr. R. P. 71/07 before the Prl. Sessions Judge, bellary. The learned Sessions Judge dismissed the revision petition and confirmed the order passed by the learned trial Judge. Therefore, he has come up with this petition under Section 482 of Cr. P. C. that there is abuse of process of law in not accepting the evidence affidavit of the petitioner-complainant and his witnesses in the form of sworn statement to proceed against the respondents. Hence, this petition.