CRL.P/7129/2019 of SRI M RAJAPPA Vs STATE OF KARNATAKA on 8 September 2026

ORAL ORDER

Heard the learned counsel for petitioner Nos.2 to 4 and the learned High Court Government Pleader appearing for respondent No.1/State. The learned counsel for respondent No.2/complainant is absent.

2. The prayer sought in this petition is to quash FIR in Crime No.198/2018, for the offences punishable under Sections 324, 341, 427, 504, 506B read with Section 34 of IPC and also the charge-sheet in C.C.No.51663/2019, on the file of XLIII Additional Chief Metropolitan Magistrate at Mayo Hall, Bengaluru.

3. The factual matrix of the case of the complainant while lodging the complaint on 01.08.2018, is that when the complainant went and enquired the accused, the accused

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assaulted with iron rod. As a result, he had sustained the injuries and took the treatment in the hospital. In the complaint it is stated that already case was filed in S.C.No.0000813/2016 and the same is pending before the Court. Based on the complaint, the police have registered the FIR in terms of Annexure-C and also investigated the matter and filed the charge-sheet against the accused persons invoking the offences under Sections 143, 341, 323, 324, 504, 506, 448 read with Section 149 of IPC.

4. The learned counsel for petitioner Nos.2 to 4 would submit that a false case has been registered against the petitioners and only in order to take vengeance on petitioner No.4, who is the power of attorney holder of Smt. R. Latha, defendant in S.C.No.813/2016, a false case is registered. The learned counsel also vehemently contend that the very wound certificate is produced before the Court and statement is made before the doctor that assaulted with hands and fist. But complaint is very clear that assaulted with iron rod and nature of injuries as per Annexure-E is also simple in nature. Hence, it is very clear that a false case has been registered only with an

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intention to harass the petitioners and there was a civil dispute between the parties.

5. Per contra, the learned High Court Government Pleader appearing for respondent No.1/State would submit that with regard to the incident is concerned, it is very clear that the incident was taken place on the very day and immediately the injured person was rushed to the hospital and he took treatment and wound certificate Annexure-E is very clear that he had sustained four injuries and the injuries are simple in nature. The very contradiction in the complaint as well as in the statement made before the doctor is a matter of trial and this Court cannot quash the proceedings.

6. Having heard the learned counsel for petitioner Nos.2 to 4 and the learned High Court Government Pleader appearing for respondent No.1/State and on perusal of the material on record, the complaint was given on 01.08.2018 and the injured was rushed to the hospital on the very same day. MLC was also registered and specific history is given that assault by Mukundan and three others by hand and fist. No

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doubt, there are contradictions in the complaint averments as well as in the history given to the doctor. Immediately after the incident, the injured was rushed to the hospital and the nature of injuries are simple in nature. Whether it attracts Sections 323, 324 or other offences of IPC, the same is a matter of trial and this Court cannot conduct a mini trial at the time of considering the petition filed under Section 482 of Cr.P.C. Whether the petitioners trespassed and inflicted injury and caused life threat and abused the complainant, the same is a matter of trial and hence, I do not find any grounds to invoke Section 482 of Cr.P.C. to quash the proceedings and matter requires trial.

7. In view of the discussions made above, I pass the following:

ORDER

The petition is dismissed.

Sd/- (H.P.SANDESH) JUDGE

MD List No.: 1 Sl No.: 26