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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*
