SRI. NAZEERAHAMMED Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner is accused No. 3 in Spilt up C.C.No. 3265/1998 dated 12.10.1999 of the respondent-Police.

(2.) Originally, a case under Crime No. 20/1995 was registered against three accused by the respondent-police, wherein the present petitioner was accused No. 3. The summary of the complaint in the said Crime was that, on 26.01.1995 at about 3.55 hours, near National Girls High School, Murdeshwar, on the public road, while the complainant Mahammad Salim (PW8) was returning to his house, at that time, three accused assaulted him from behind using iron rod and talwar. As revenge, the complainant alleged to have assaulted the brother of one of the accused. The complainant is said to have sustained grievous injuries in the incident. It is also alleged in the complaint that the assailant put life threat to him. The said complaint was registered for the offences punishable under Sections 307, 324, 506 R/w. Section 34 of the IPC. The complainant police after conducting investigation filed charge sheet against three accused arraying the present petitioner as the third accused in the charge sheet for the alleged offence. The case against accused No. 2 was committed to the jurisdictional Sessions Court. However, the case with respect to accused No. 1 and the present petitioner (accused No. 3) was spilt up since they remained absconded. It appears that the trial against accused No. 2 was ended in acquittal by the judgment of the Court of Sessions Judge, U.K. at Karwar in S.C.No. 76/1998. It is thereafter, the present petitioner has come up with the present petition seeking quashing of the entire criminal proceeding pending against him in C.C.No. 3265/1998, in the Court of Judicial Magistrate First Class at Bhatkal.

(3.) Though this matter was listed for admission, with the consent from both sides, the matter was taken up for final disposal.