The high court has stated that the fact that an issue is purely civil or civil proceedings are underway does not give anyone the "licence to commit assault." Justice M Nagaprasanna made this statement while rejecting the plea to dismiss the case against four individuals from Bengaluru who were accused of assaulting the complainant over a civil dispute.
The petitioners, who are residents of Bengaluru, argued that the complainant had fraudulently taken Rs 10 lakh from them, promising one of them a government job. When they discovered the deceit, they approached the police. The complainant had given an undertaking to the police, pledging to refund the money and had also handed over certain cheques. The petitioners claimed that the matter was civil in nature and that a false complaint had been filed against them.
However, Justice Nagaprasanna observed that based on the allegations, the petitioners had forcibly entered the complainant's aunt's house in KR Pet, Mandya district, and assaulted him using a knife and a wooden club. The court also noted that the charge sheet summary aligned with the account provided in the complaint. Additionally, the court pointed out that the doctor's report confirmed that the assault had resulted in injury, even though the nature of the injury was described as simple.
"The submission by the learned counsel for the petitioners that no such incident occurred and it is all a concocted story by the complainant is noted, but it is rejected, as there is prima facie evidence and contents of the incident. The motive behind the incident appears to be the transaction between the parties. Therefore, all these matters will have to be proven in a full-blown trial, where the petitioners have to prove their innocence," Justice Nagaprasanna stated.
The court has also instructed the trial court in Krishnarajapete, Mandya, to expedite the proceedings, considering that the complaint was lodged in 2019 and one of the accused is a student.
Published 29 May 2023, 14:03 IST