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Suresh S/O. Kallappa Aralikatti vs The State Of Karnataka on 4 June, 2014

Karnataka High Court Suresh S/O. Kallappa Aralikatti vs The State Of Karnataka on 4 June, 2014Author: K.N.Phaneendra

1

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 4TH DAY OF JUNE, 2014

BEFORE

THE HONOURABLE MR. JUSTICE K.N. PHANEENDRA

CRIMINAL PETITION NO. 100314/2014

BETWEEN:

1. SURESH

S/O. KALLAPPA ARALIKATTI

AGE: 35 YEARS, OCC: ADVOCATE.

2. SMT. SEETHAMMA

W/O.KALLAPPA ARALIKATTI

AGE: 56 YEARS,

OCC:HOUSEHOLD WORK.

3. ISHWARAPPA @ ISHAPPA

S/O. KALLAPPA ARALIKATTI

AGE: 38 YEARS, OCC: AGRI.

4. SMT. SUPRITA W/O. ISHWARAPPA @ ISHAPPA ARALIKATTI

AGE: 32 YEARS,

OCC: HOUSEHOLD WORK

ALL ARE R/O. MUGALI, TQ: SHIGGAON DIST: HAVERI.

… PETITIONERS

(BY SRI SANTOSH B. MALAGOUDAR FOR A. B. PATIL, ADVOCATE)

2

AND :

1. THE STATE OF KARNATAKA THROUGH PSI MAHILA POLICE STATION HUBLI R/BY ADDL STATE PUBLIC PROSECUTOR SPP OFFICE, HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD.

2. SMT. RAJESHWARI

W/O. SURESH ARALIKATTI

AGE: 30 YEARS

OCC: HOUSEHOLD WORK

R/O. VEERABHADRESHWAR NILAYA, SAINAGAR ROAD, UNKAL CROSS, SIDDESHWARNAGAR, HUBLI

TQ: HUBLI, DIST: DHARWAD.

… RESPONDENTS

(BY SRI VIJAYAKUMAR MAJAGE, HIGH COURT GOVERNMENT PLEADER FOR R1;

SRI G. N. NARASAMMANAVAR, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE COMPLAINT DATED 22.02.2013 IN CRIME NO.1100314/2014, FOR THE OFFENCES P/U/S 498-A, 323, 504, 504, 506 R/W SEC. 34 OF IPC, LODGED IN MAHILA POLICE STATION, HUBLI, PENDING ON THE FILE OF THE JMFC II-COURT, HUBLI, IN C.C.NO.759/2013.

I.A. NO.1/2014 IS FILED FOR GRANT OF STAY.

THIS PETITION A/W. I.A. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: 3

ORDER

Heard learned counsel for the petitioners, learned High

Court Government Pleader for respondent No.1 – State and

learned counsel for respondent No.2. Perused the records.

2. This petition is filed by petitioners praying to quash

the F.I.R. filed before Mahila police station, Hublice, in

Crime No.11/2013 for the offences punishable under

Sections 498A, 323, 504 and 506 read with Section 34 of the

Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’ for

brevity). The police after due investigation have submitted a

charge sheet and a criminal case is registered in C.C.

No.759/2013 on the file of J.M.F.C. II Court, Hubli.

3. The records disclose that accused have made their

appearance before trial Court and the learned Magistrate

has enlarged them on bail. The order sheet produced before

this Court discloses that on 27.12.2013 the learned

Magistrate has framed charges and has issued summons to

C.Ws.1, 4 and 5 and now the case is set down for 4

prosecution evidence. In view of the above said

circumstances, I do not want to discuss the matter on merits

of the case, otherwise it would have its own impact on the

trial Court. Therefore, I am of the opinion that when the

matter is set down for evidence the accused persons have to

face the trial. With these observations, petition is dismissed.

However, the J.M.F.C. – II Court, Hubli, is directed to

dispose of the matter in C.C. No.759/2013 as early as

possible.

In view of dismissal of main petition, I.A. No.1/2014

for stay does not survive for consideration.

Sd/-

JUDGE

hnm/

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