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Sri M Venkataswamy vs State By Bangarpet on 20 December, 2013

Karnataka High Court Sri M Venkataswamy vs State By Bangarpet on 20 December, 2013Author: H N Das

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 25TH DAY OF NOVEMBER, 2013

BEFORE

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

CRIMINAL PETITION No.5318 OF 2013

BETWEEN

1.SRI M VENKATASWAMY

S/O LATE MUNIVENKATAPPA, AGED ABOUT 50 YEARS,

WORKING AS HEAD CONSTABLE, MALUR POLICE STATION, NOW UNDER SUSPENSION, R/O GULPET,

KOLAR TOWN

PIN CODE 563101

2.SMT BHAGYAMMA

@ BHAGYALAKSHMI,

W/O VENKATASWAMY,

D/O Y N VENKATESH,

AGED ABOUT 46 YEARS,

R/O GULPET,

KOLAR

PIN CODE 563101

PETITIONERS

(BY SRI. RAJASHEKARA H M, ADV.,)

AND

1.STATE BY BANGARPET

POLICE STATION,

REPRSENTED BY THE S.P.P, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDINGS, BANGALORE-560001.

2

2.SMT Y R PRATIBHA (B.E.,) D/O Y C RAMAPPA,

W/O V SHASHIKUMAR,

12TH CROSS,

KARANJIKERE,

KOLAR

PIN CODE 563101

…RESPONDENTS

(BY SRI.K NAGESHWARAPPA, HCGP.,)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.226/13 ON THE FILE OF THE C.J., AND JMFC, BANGARPET.

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

ORDER

After arguing the matter for some time, learned

counsel for the petitioners submit that he may be

permitted to withdraw the petition with liberty to seek

enhancement of the maintenance in the changed

circumstances before trial Court.

Accordingly, the petition is hereby dismissed

reserving liberty to the petitioner to seek enhancement 3

of monthly maintenance in the changed circumstances

if any.

Sd/-

JUDGE

GH

4

HNNDJ: Crl.P No.5318/2013 20.12.2013

ORDER

On 25.11.2013, after hearing arguments, this Court passed an order disposing the petition with certain observations. By mistake, the office has typed a different order and the same was signed by me. Now, it is brought to my notice the mistake committed by the office.

In the circumstances, the order dated 25.11.2013 is to be read as under:

“Petitioners are accused Nos.5 and 6 in Crime No.317/2012 for the offences punishable under Sections 498A, 504, 506, 149 IPC and Sections 3 and 4 of Dowry Prohibition Act. Investigation is completed and charge sheet is filed.

2. During the course of investigation, the police collected some evidence. By exercising power under Section 482 Cr.P.C., it is not appropriate for this Court to appreciate and assist the evidence collected by the police. However, the Trial Court is hereby directed to expedite the matter on day today basis and within a period of four months from the date of receipt of a copy of this order. 5

Accordingly, petition is hereby disposed of.”

Ordered accordingly.

Sd/-

JUDGE

VM

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