DANAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the arguments of the petitioners' counsel and also the HCGP for respondent State.

(2.) Both these petitions are filed by accused Nos.1 and 2 invoking section 482 of Cr.P.C., praying this Court to quash the proceedings initiated against them in C.C.No.4/2018, on the file of Civil Judge and JMFC, Banahatti, in Crime No.98/2017 of Banahatti P.S.

(3.) The factual matrix of the case is that, on 30.9.2017, the respondent No.2 herein had lodged a complaint with the police making an allegation that he received information that his step brother was subjected to murder and immediately he rushed to the place and found the dead body and gave a complaint stating that some persons have committed the murder. Based on the complaint, a case has been registered at the first instance for the offence punishable under sections 143, 147, 148, 341, 302 read with section 149 of IPC. After the investigation, the police have filed the charge sheet invoking the offence punishable under sections 120B, 109, 307, 143, 147, 148, 302 read with section 149 of IPC and while filing the charge sheet, some persons were left out and some other persons were added as accused persons.