SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Smt Nagarathna K.V vs State Of Karnataka on 29 May, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF MAY, 2019

BEFORE

THE HON’BLE MR. JUSTICE ALOK ARADHE

CRIMINAL PETITION NO.9117 OF 2017

BETWEEN:
1. Smt.Nagarathna.K.V,
W/o.Late T.V.Somasundar,
Aged about 65 years,
Resident of Lakshmi Nivas,
1st Floor, 5th Cross, 9th Main,
Siddarameshwara Extension,
Tumkuru-572103.

2. T.S.Arun,
S/o.Late T.V.Somasundar,
Aged about 33 years,
Resident of No.129,
4th Cross, 1st Main,
South Avenue Layout,
Gottigere,
Bengaluru-560 083.

3. Smt.T.S.Supriya,
W/o.Mahesh,
D/o.Late.T.V.Somasundar,
Aged about 29 years,
Resident of C.P.Main Road,
Opp.Old Post Office, Vijayapura,
Chikkamangaluru-577 101. …Petitioners

(By Sri.H.Malatesh, Advocate)
2

AND:

1. State of Karnataka,
Represented by
Station House Officer,
Women Police Station,
Tumkuru Town,
Tumkuru-572 103.

2. Smt.B.N.Geetha,
W/o.Kiran Kumar, Major,
R/o.Shivashree Hale,
Gurupuru, H.H.Road,
Shivamogga Taluk,
Shivamogga-577 201. … Respondents

(By Sri.S.Rachaiah, HCGP for R-1)

This Criminal Petition is filed under Section
482 of Cr.P.C., praying to quash the entire
proceedings initiated against the petitioners in
C.C.No.123/2016 (Cr.No.28/2016) pending on the
file of the learned II Additional Senior Civil Judge
and JMFC, Tumkuru vide Annexure-A.

This Criminal Petition coming on for
Admission, this day, the Court made the following:-

ORDER

Sri.H.Malatesh, learned counsel for the

petitioners.

Sri.S.Rachaiah, learned High Court

Government Pleader for respondent No.1.
3

The petition is admitted for hearing. With the

consent of learned counsel for the parties, the same

is heard finally.

2. In this petition under Section 482 of the

Code of Criminal Procedure, 1973 (hereinafter

referred to as the ‘Code’ for short), the petitioners

inter alia have sought for quashment of the

proceedings initiated against them in

C.C.No.123/2016 pending on the file of II Additional

Senior Civil Judge and JMFC, Tumakuru for the

offence punishable under Sections 498A, Section504, Section506,

Section323 read with Section 34 of Indian Penal Code,

1860 and under Sections 3 and Section4 of the Dowry

Prohibition Act, 1961.

3. I have heard the learned counsel for the

petitioners and the learned High Court Government

Pleader.

4. Admittedly, charge sheet has been filed

against the petitioners on 15.07.2016. After filing of
4

the charge sheet, period of more than two years

has elapsed. Therefore, in the fact situation of the

case, I am not inclined to exercise the powers

under Section 482 of the Code as this Court in

exercise of inherent powers cannot appreciate the

materials contained in the charge sheet and record

a finding one way or the other.

5. However, it will be open to the

petitioners to argue before the trial Court on the

question with regard to framing of charge.

6. Needless to state that in case the

petitioners are aggrieved, they shall be at liberty to

file Criminal Revision Petition before this Court.

With the aforesaid liberty, the petition is

disposed of.

Sd/-

JUDGE

dn/-

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation