Karnataka High Court: A Single Judge Bench comprising of K.N. Phaneendra, J. declared that apart from FIR if there was an absence of other materials on record then the genuineness of the matter shall be adjudicated with regard to it.
It was alleged by the respondent that the petitioners trespassed into their property by forming an unlawful assembly and further threatened and assaulted the workers present there.
In regard to the property in question it was contended by the petitioners that the respondent had undertaken that he would not take up any developmental activity in the property but in spite of that, he was found engaging in one. Also, a false charge was foisted against them by initiating an FIR against them.
Here the Court was of the view that at present there were no other materials to conclusively draw the inference that the allegation made against the petitioners was not true. Had the Court been in a position to do so, it could have only done with other materials put forward before it. Thus as the contents of the FIR constitute the alleged offence hence it cannot be quashed. Further, the genuineness of the allegations shall be tested by examining the parties and materials collected thereto during the investigation. Accordingly, the petition was dismissed but the petitioners were allowed a liberty to approach the Court in case an adverse report was submitted against them without any basis. [Vijayakumar v. State of Karnataka,2018 SCC OnLine Kar 2257, Order dated 19-06-2018]
