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Judgment
The petitioner/accused has filed this petition under Section 482 CrPC / 528 of BNSS, 2023, seeking to quash the entire proceedings in C.C.No.425/2023 in connection with Crime No.40/2023 of Kushtagi Police Station pending on the file of learned Principal Civil Judge and JMFC, Kushtagi, Koppal District.
The brief facts of the prosecution case is as under:
The petitioner and the son of defacto complainant are friends and there was financial transaction between them. On 10.01.2023 around 10:00 p.m., the accused called the defacto complainant on a premise that he would pay an amount of ₹10,000/- to one Beerappa, the son of defacto complainant. Thereafter, the accused picked up a quarrel with the defacto complainant, assaulted him with his slipper and abused him in filthy language, and also made criminal intimidation to eliminate him with dire consequences. Hence, the defacto complainant lodged the complaint.
Learned counsel for the petitioner contended that, the petitioner is falsely implicated in the case and that there are no materials so as to connect the petitioner to the crime. The charge sheet material also does not disclose the commission of alleged offence. Hence, learned counsel for petitioner prayed to allow the petition.
Per contra, learned HCGP contended that the charge sheet material clearly discloses the commission of alleged offence. The veracity of allegation against the accused can be considered only after trial. Now, the Trial Court took cognizance and framed charges against the petitioner. Hence, the petition is not maintainable and prayed to dismiss the petition.
The perusal of the material available on record, more particularly the order sheet, would show that the charges are framed and the matter is set down for the trial. This aspect is not disputed by the learned counsel for the petitioner. Therefore, framing of charges signifies that the Court after perusing the charge sheet material believes that there is sufficient reason to proceed with the trial. Once charges are framed, it is not just and proper to quash the entire proceedings as the petitioner is disputing the question of fact, which cannot be gone into under corroborating circumstances. Hence, there is no merit in the petition. Accordingly, the Court proceeds to pass the following:
ORDER
The criminal petition is dismissed.
Pending IAs., if any, stand is disposed of as they do not survive for any consideration.