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Judgment
Mohan Shantanagoudar
This petition is filed praying for quashing the proceedings in CC. No. 217/2011 pending on the file of JMFC, Shorapur. Case of the prosecution is that all the accused, including the petitioner set the KSRTC bus on fire with a view to damage the same permanently. The charge sheet is filed for the offence punishable u/s 436 of IPC along with other offences. Sri Avinash Uplounkar, learned advocate appearing for the petitioner is justified in submitting that the offence will not fall u/s 436 IPC and falls u/s 435 of IPC.
This is not a case of setting a house on fire, but it is a case of setting bus on fire and therefore appropriate penal provision is Section 435 and not Section 436 IPC. Hence, charge sheet in so far as the offence punishable u/s 436 of IPC is liable to be quashed. Accordingly, the same stands quashed. Instead, the petitioner be tried for the offence punishable u/s 435 of IPC along with other offences.
Petition is allowed in part.