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Basavaraju vs State Of Karnataka on 15 December, 2017

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 15TH DAY OF DECEMBER, 2017

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO.7580/2017
BETWEEN

1. BASAVARAJU,
S/O MUDALAGIRIYAPPA,
AGED 26 YEARS,

2. MUDALAGIRIYAPPA,
S/O GIRIYAPPA,
AGED ABOUT 61 YEARS,

3. LALITHAMMA,
W/O MUDALAGIRIYAPPA,
AGED ABOUT 46 YEARS,

4. SREENIVASA,
S/O THIMMANNA,
AGED ABOUT 45 YEARS,

PETITIONER NO.1 TO 4 ARE
RESIDING AT V. H. PALYA,
MANGALAVAGADA POST,
PAVAGADA TALUK, TUMKUR
DISTRICT PIN-572 116 … PETITIONERS

(BY SRI. LAKSHMIKANTH K., ADV.)

AND

1. STATE OF KARNATAKA,
BY ARASIKERE POLICE STATION,
PAVAGADA CIRCLE,
TUMKUR DISTRICT,
REP BY ITS STATE PUBLIC
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PROSECUTOR, HIGH COURT
BUILDING, BENGALURU -01

2. CHANDANA K.,
D/O KRISHNACHARE,
AGED ABOUT 22 YEARS,
R/AT MANGALAVAGADA VILLAGE,
PAVAGADA TALUK, TUMAKURU DIST.
PIN-572 116 … RESPONDENTS

(BY SRI. SANDESH J. CHOUTA, SPP-II FOR R-1)

THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING
TO QUASH THE PROCEEDINGS INITIATED AGAINST THE
PETITIONERS IN C.C.NO.159/2017 FOR THE OFFENCE
P/U/S 420, 313, 323, 354, 417, 498(A), 504 AND 506
R/W 34 OF IPC.

THIS CRL.P COMING ON FOR ADMISSION A/W IA
NO.1/2017 THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

Heard the learned counsel for the petitioners and

learned SPP-II appearing for the respondent-State.

Perused the records.

2. On careful perusal of the materials on

record it is noticed that, there are certain allegations

attracting the provisions of Sections 420, 313, 323,

354, 417, 498A, 504, 506 r/w 34 of IPC. However, the

learned counsel seriously contends that Sections 313

and 498-A of IPC are not attracted. He contends that
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there is no legal information so as to attract Section

313 of Cr.PC., but, the learned Magistrate has hastily

committed the case to the court of sessions.

Therefore, he sought for quashing of entire proceedings

against the committal of case in C.C. No.159/2017

registered against the petitioners for the above said

offences.

3. Though the learned Magistrate has taken

cognizance of the above said offences, he has to go

through the entire materials in the charge sheet and

find out whether there are any allegations and materials

available in order to attract any of the provisions, which

are exclusively triable by the court of sessions.

Therefore, it is too premature for this court to exercise

powers under Section 482 of Cr.PC. to quash the

proceedings. Therefore, the petitioners are at liberty to

appraise the learned Magistrate with regard to the

factual aspects of the case and thereafter, on hearing

the accused persons and after looking into the details in

the charge sheet papers, the learned Magistrate is

hereby directed to pass appropriate orders after
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considering whether there are any offences which are

exclusively triable by the court of sessions.

With the above observation, the petition stands

disposed of.

In view of disposal of this case, the application-IA

No.1/2017 filed for stay, does not survive for

consideration. Accordingly, the said application stands

disposed of.

Sd/-

JUDGE

KGR*

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