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