VEERANNA SHIVALINGAPPA Vs. NAGAWWA

JUDGEMENT

(1.) The two petitioners Veeranna and Annappa have filed this petition under Sec.482 of the CrlPC, 1973 (shortly called the 'Code') for quashing the order dated 11-2-75 made by the Addl JMFC, Gokak in CC.350 of '75 directing issue of summons to them for various offences including one under Section 302 IPC.

(2.) The facts necessary for the disposal of this petition may be sttated ag under: One Nagappa son of the 1st Respt Nagawwa died as a result of an assault on him on 19-7-73. On the first information lodged by the police patil of Benchinamaradi village of Gokak Taluk where the occurrence took place, the police registered a case against 8 accused persons. The 1st respondent filed a private complainlt on 4-10-73 against not only the 8 accused against whom the police have registered a case on the basis of the first information received from the police patil but also againslt these two petitioners. The said complaint was taken on the file of the Addl JMFC, Gokak, in CC.350 of 1975. After taking cognizance of the offence, the Magistrate decided to hold an enquiry under Sec.202 of the Code before issuing process to the accused. Six witnesses were examined on behalf of the complainant and the cage was posted for arguments. At that stage, the Magistrate was transferred. His successor took up the matter, heard the complainant and then directed that further enquiry may be made by the Superintendent of Police, Belgaum as per his! order dated 3-12-73. Respondent-1 filed a revision petition before this Court against the order of the Magistrate referring the matter to the Superintendent of Police, Belgaum for enquiry and report in CrlRP.665/1973. The revision petition was allowed as per the order of this Court dated 16-12-1974, the impugned order was set aside and the matter was remanded for fresh disposal in the light of the observations contained in the said order. After the matter was received back, the Magistrate, after hearing the parties, passed the order dt. 11-2-75 directing issue of summons to the pefttioners. The petitioners challenged the order of issue of summons in' separate petitions in CrlP.50/75 and CrlP. 51/75 in this Court. Both the petitions were allowed and the order directing issue of summons was set aside. Against the said order of this Court, the 1st respondent filed an appeal before the Supreme Court in CrlA.99/76. The appeal was allowed by the Supreme Coi r;t as per its judgment dated 23-4-76. By the said judgment the Supreme Court has set aside the order of this Court made in CrlPs.50 and 51 of 1975 and restored the order of the Magistrate issuing process against the petitioners.

(3.) In the meanwhile, the police who had investigated the case against 8 accused persons, placed a charge- sheet before the JMFC, Gokak which has resulted in an order of commitment to the Court of Sessions at Belgaum in which it was registered as SC.30/74-75. While granting the Special Leave Petition of the 1st respondent, the Supreme Court stayed the pronouncement of the judgment in the above Sessions Case. While disposing the appeal, the Supreme Court vacated the stay granted in the Sessions Case and directed the Sessions Judge to dispose of the case. The I Addl Sessions Judge, Belgaum, disposed of the Sessions Case acquitting all the 8 accused persons as per his judgment dated 7-5-76. Thereupon, the petitioners once again filed CrlP.581/76 for quashing the order dated 11-2-75 which had gone up to the Supreme Court earlier and confirmed by the Supreme Court in CrlA.99/76. The said criminal petition was dismissed by this Court on 17-1-77. Thereafter, the petitioners have filed the present petition for the very same relief viz, to quash the order dt. 11-2-75.