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Smt Nayana vs Sri Manjunatha C on 8 January, 2014

Karnataka High Court Smt Nayana vs Sri Manjunatha C on 8 January, 2014Author: H N Das

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 08TH DAY OF JANUARY, 2014

BEFORE

THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS

CRIMINAL PETITION NO.2418/2013

BETWEEN:

SMT NAYANA,

D/O M.SHIVANANDAPPA, AGED ABOUT 25 YEARS, LINGAYITHA CASTE,

C/O RACHAPPA THADAPATHI, DOOR NO, 4163, 8TH CROSS, SIDDAVEERAPPA EXTENSION, DAVANGERE-577004. … PETITIONER

(BY SRI REVANNA BELLARY, ADV.)

AND:

1. SRI MANJUNATHA.C, S/O CHANDRAPPA,

AGED ABOUT 32 YEARS, LINGAYITHA CASTE,

WORKING AS ENGINEER, AT ELIMENT-14 INDIA

PVT LTD, HOSURU ROAD, BANGALORE AND

R/O MEDEHALI VILLAGE, CHITRADRUGA-577502.

2. SMT GANGAMMA, W/O CHANDRAPPA,

AGED ABOUT 61 YEARS, 2

LINGAYITHA CASTE,

HOSUE HOLD,

R/O MEDEHALLI VILLAGE, CHITRADURGA-577502.

3. SRI CHANDRAPPA, S/O KENCHAPPA,

AGED ABOUT 66 YEARS, LINGAYITHA CASTE,

COOLIE WORKER,

R/O MEDEHALLI VILLAGE, CHITRADURGA-577502.

4. SMT BHAGYAMMA,

W/O DINESH,

AGED ABOUT 31 YEARS, LINGAYITHA CASTE,

HOUSE HOLD,

R/O MEDEHALLI VILLAGE, CHITRADURGA-577502.

5. SRI DINESH,

S/O SHADAKSHARAPPA KENGUNTE, AGED ABOUT 38 YEARS, LINGAYITHA CASTE,

R/O MEDEHALLI VILLAGE, CHITRADURGA-577502.

6. SRI MEGALAMANE CHANDRAPPA, S/O MAHADEVAPPA,

AGED ABOUT 70 YEARS, LINGAYITHA CASTE,

R/O MEDEHALLI VILLAGE, CHITRADURGA-577502.

7. SHASHI @ SHASHIKUMAR, S/O NIJALINGAPPA,

AGED ABOUT 35 YEARS, LINGAYITHA CASTE,

3

R/O MEDEHALLI VILLAGE, CHITRADURGA-577502.

8. CHANDRAPPA,

S/O KENCHAPPA,

AGED ABOUT 70 YEARS, LINGAYITHA CASTE,

R/O MEDEHALLI VILLAGE, CHITRADURGA-577502.

9. GURUNATHA,

S/O THIMMAPPA,

AGED ABOUT 55 YEARS, LINGAYITHA CASTE,

R/O MEDEHALLI VILLAGE, CHITRADURGA-577502.

10. GIDDASWAMY,

S/O NOT KNOWN,

AGED ABOUT 34 YEARS, LINGAYITHA CASTE,

R/O MEDEHALLI VILLAGE, CHITRADURGA-577502.

11. NAGESHAPPA,

S/O KENCHAPPA,

AGED ABOUT 65 YEARS, LINGAYITHA CASTE,

R/O MEDEHALLI VILLAGE, CHITRADURGA-577502.

12. H.B.RAMESH KUMAR, CIRCLE INSPECTOR OF POLICE, CHITRADURGA RURAL CIRCLE, CHITRADURGA-577501. … RESPONDENTS

THIS CRL.P FILED U/S. 482 CR.P.C PRAYING TO (a) QUASH THE CHARGE SHEET NO.57/12 DATED:9.8.12 ON THE SUBMISSION OF RESPONDENT NO.12 AND 4

REGISTERED AS C.C.NO.979/12 ON THE FILE OF THE ADDL.C.J. AND JMFC, CHITRADURGA AT ANNEXURE-A, BY ORDERING FOR FRESH ENQUIRY AND INVESTIGATION FROM CBI, BANGALORE IN CRIME NO.193/12 (C.C.NO.979/12) OF RURAL P.S., CHITRADURGA AND TO SUBMIT FRESH FINAL REPORT AGAINST ALL THE RESPONDENT NO.1 TO 11.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner lodged a complaint against respondent

Nos.1 to 11 and the same came to be registered in

Cr.No.193/2012. After investigation, a chare sheet is filed for

the offence punishable under Sections 498A, 323 r/w Section

34 of IPC and Sections 3 and 4 of Dowry Prohibition Act only

against three persons.

2. The grievance of the petitioner is that the

statement alleged to have been relied on by the prosecution is

not made by the petitioner. Secondly, it is contended that all

the persons involved in the offence are not included in the

charge sheet. Thirdly, the offences alleged against the

accused are not included in the charge sheet. It is brought to 5

my notice that the petitioner has already complained to the

Jurisdictional Magistrate in this regard. If that is so, the

Jurisdictional Magistrate to pass appropriate orders. In the

event of any adverse orders are passed against the petitioner,

it is open for the her to workout her remedy in accordance

with law.

With the above observation, the petition is hereby

disposed of.

Sd/-

JUDGE

VM

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