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Judgments of Supreme Court of India and High Courts

Sri Rajanna vs State By Sub Inspector Of Police on 19 June, 2018

1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 19TH DAY OF JUNE, 2018

BEFORE

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

CRL.P. NO.1947/2018
BETWEEN

1. SRI RAJANNA
S/O LATE NANJUNDAPPA
AGED ABOUT 76 YEARS

2. SMT SUVARNAMMA
W/O RAJANNA
AGED ABOUT 71 YEARS

BOTH ARE R/O KODIHALLY VILLAGE
KESTUR POST, KORA HOBLI-572 128
TUMAKURU TALUK AND TUMAKURU DIST
… PETITIONERS
(BY SRI.V. B. SIDDARAMAIAH, ADV.)

AND

1. STATE BY SUB INSPECTOR OF POLICE
KORA POLICE STATION
TUMAKURU DIST

2. SMT SHYMALA G S
D/O G S SIDDAGANGAPPA
W/O JAGADEESH
AGED ABOUT 40 YEARS
R/O TYAMAGONDALU
NELAMANGALA TALUK-662 123
BENGALURU RURAL DISTRICT … RESPONDENTS

(BY SRI. CHETAN DESAI, HCGP FOR R1)
2

THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN CRIME
NO.190/2015 (NOW C.C.NO.1778/2016) REGISTERED
BY THE RESPONDENT-KORA POLICE STATION,
TUMAKURU TALUK, PENDING ON THE FILE OF THE
HON’BLE II ADDITIONAL CIVIL JUDGE (JR.DN.) AND
JMFC, TUMAKURU, FOR THE ALLEGED OFFENCES
P/U/SS. 498A, 504 R/W 34 OF IPC AND SECTIONS 3
AND 4 OF DOWRY PROHIBITION ACT, REGISTERED ON
THE COMPLAINT OF THE SECOND RESPONDENT.

THIS CRL.P COMING ON FOR ADMISSION ALONG
WITH IA NO.1/2018 THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

Heard the learned counsel for the petitioners.

Perused the records.

2. The respondent-Police have laid the charge

sheet against the petitioners for the offences punishable

under Sections 498-A, 504 r/w 34 of IPC and also

under Sections 3 4 of the Dowry Prohibition Act ( for

short, D.P. Act).

3. The Police have recorded the statements of

many witnesses. As some allegations are made against

the petitioners, the truth or falsity of the same cannot

be considered at this stage, without looking into the
3

entire charge sheet papers. The court cannot even

weigh the materials on record to ascertain whether

there are sufficient materials to proceed against the

petitioners/accused by framing charges and in fact,

that can be done by the trial Court at the time of

hearing before charge.

4. As could be seen from the records, the

matter is now posted before the trial Court for hearing

before charge. Therefore, I do not find any reason to

quash the proceedings. However, liberty is given to the

petitioners to approach the trial Court by making

necessary application for their discharge. In that

eventuality, the trial Court has to consider such

application and after providing opportunity to the

parties on both sides, dispose of the same in

expeditiously as possible, in accordance with law.

With the above observation, the petition is

dismissed.

4

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

No.1/2018 filed for stay, does not survive for

consideration. Accordingly, the said application stands

disposed of.

Sd/-

JUDGE

KGR*

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