IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7032 OF 2015 BETWEEN:
1. A. PARAMESH S/O SRI ANANTHAIAH AGED ABOUT 40 YEARS BUSINESSMAN 2. A GOPINATH S/O SRI ANANTHAIAH AGED ABOUT 45 YEARS BOTH ARE R/AT SANTHEKADUR VILLAGE AND POST SANTHEKADUR SHIMOGA DIST-577222 (BY SRI: PRADEEP NAIK K, ADVOCATE) AND SMT. T.R. TAYAMMA D/O SRI RANGAPPA AGEDA BOUT 38 YEARS HOUSEHOLD WORK R/A 3RD CROSS INDIRANAGAR ... PETITIONERS TARIKERE TOWN TARIKERE TALUK CHIKKAMAGALURU DIST-577 228 (BY SRI: A C BALARAJ, ADVOCATE) ... RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH ALL PROCEEDINGS IN C.C.No.314/2015 PENDING ON THE FILE OF THE PRINCIPAL J.M.F.C. AT TARIKERE, AND QUASH THE IMPUGNED ORDER DATED 28.07.2015 PASSED BY THE COURT BELOW, BY ALLOWING THIS CRIMINAL PETITION WITH COSTS.
THIS CRL.P COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners have sought to quash the proceedings in C.C.No.314/2015 pending on the file of Senior Civil Judge and Prl. JMFC, Tarikere and the order dated 28.07.2015 passed by the learned Magistrate, Tarikere.
Heard learned counsel for petitioners and learned counsel for the respondent. Perused the records.
2. The order-sheet produced alongwith the petition indicate that on receiving the complaint, the learned magistrate took cognizance of the alleged offences and thereafter recorded the sworn statement of the complainant and by order dated 28.07.2015 directed summons to petitioner Nos.1 and 2. Said order does not suffer from any error or infirmity warranting interference by this Court.
Hence, reserving liberty to the petitioners to seek their discharge before the trial court on such grounds available under law, the petition is dismissed. In view of dismissal of the main matter, I.A.No.2/15 for vacating stay does not survive for consideration. Accordingly, it is dismissed.
Sd/- JUDGE *mn/-