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Judgment
Accused No.2 in Crime No.229/2015 on the file of Gadag Rural Police, has come up in this petition seeking quashing of the complaint as against him. Admittedly, complaint in Crime No.229/2015 is for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 427, 504, 448, 354 and 149 of IPC and under Section 3(1)(x) of SC and ST (Prevention of Atrocities) Act, 1989.
The sum and substance of the complaint is with reference to differences between two sections of the villagers of Adavisomapura village in performing drama at Car Festival of the village. The complaint would indicate that a section of villagers, who are referred to as accused in crime No.229/2015 were required to practice and perform drama on the Car Festival day in their village which was on 8.9.2015. Since the complainant and others had taken up the responsibility of conducting the drama programme on that day, the same was entrusted to them and as they were not able to perform the drama at the Car Festival as understood between the two groups of villagers, an altercation has taken place between them in the presence of some of the villagers.
Though the complainant, who is one of the members of one group would state that the accused have assaulted them and abused taking their caste name, it is seen that the group of persons referred to in the complaint are said to have addressed all members of the village while abusing them for not carrying out the responsibility of performing drama. It is stated by the complainant that all the people took the name of his community and abused him, however, there is no supportive statement recorded by the police in the proceedings in Crime No.229/2015 in that behalf. For that matter, there is no overt act attributed to the petitioner herein with reference to any of the offences alleged in the aforesaid complaint.
It is seen that in the entire complaint and further statement, there is no reference to the involvement of petitioner herein except stating that he was present at the relevant point of time when there was verbal dual between two groups of villagers. Further, though it is stated that complainant and few others are hit by the members of rival group, there is no material to substantiate the same either in further statement or in any other document which are made available. In that view of matter, this Court find that the offence as alleged in the complaint in Crime No.229/2015 registered with Gadag Rural Police against the petitioner herein is without any substance and the same does not merit consideration. Consequently the charge sheet which is filed pursuant to said complaint is without properly appreciating the material on record. Therefore, the charge sheet filed and registered as Spl.SC/ST.7/2016 on the file of Sessions Court, Gadag against the petitioner is required to be quashed.
Accordingly, this petition is allowed. The proceedings in Spl.SC/ST.7/2016 on the file of Sessions Court, Gadag, are hereby quashed so far as petitioner herein is concerned.
In view of the disposal of petition, IA.I/2016 filed seeking stay does not survive for consideration.