IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.5408/2018 BETWEEN:
1. MR.AJAY PODAR AGED 63 YEARS, S/O. GANESH PODAR, R/A NO.85, PODAR CENTER, CHABURBAUG POST OFFICE LANE, DR. AMBEDKAR ROAD, PAREL (E), MUMBAI-400 012 2. MR.PAVAN PODAR AGED 60 YEARS, S/O. GANESH PODAR, R/A NO.85, PODAR CENTER, CHABURBAUG POST OFFICE LANE, DR. AMBEDKAR ROAD, PAREL (E), MUMBAI-400 012 3. DR. VANDANA LULLA W/O. DEEPAK LULLA AGED 53 YEARS, R/A NO.85, PODAR CENTER, CHABURBAUG POST OFFICE LANE, DR. AMBEDKAR ROAD, PAREL (E), MUMBAI-400 012 4. MRS. AVNITA BIR AGED 33 YEARS, W/O. R S BIRTHDAY, R/A NO.85, PODAR CENTER, CHABURBAUG POST OFFICE LANE, DR. AMBEDKAR ROAD, PAREL (E), MUMBAI-400 012 5. MR. ANKIT JAIN AGED 33 YEARS, S/O. RAJENDRA JAIN, R/A NO.85, PODAR CENTER, CHABURBAUG POST OFFICE LANE, DR. AMBEDKAR ROAD, PAREL (E), MUMBAI-400 012 6. MR.C.S.MANI AGED 68 YEARS, S/O. LATE KN MANI IYER R/A NO.85, PODAR CENTER, CHABURBAUG POST OFFICE LANE, DR. AMBEDKAR ROAD, PAREL (E), MUMBAI-400 012 7. MR. LOKESH D.V. AGED 33 YEARS, S/O. MR. VENKATARAMANACHARI L R/A NO.2/3, HONMA DEVENA HALLI, BASANAPURA OFF-BANNERAGATTA ROAD, BANGALORE-560 083 8. MR. SURENDRANATH AGED 52 YEARS, S/O. LATE K. KRISHNA PILLAI, R/A NO.2/3, HONMA DEVENA HALLI, BASAVANAPURA OFF-BANNERGATTA ROAD, BANGALORE – 560 083 9. MR. SHIVANANDA C.S. AGED 40 YEARS, S/O. SRIDHAR C.R. NOW R/A 126, PENINSULA PALMVILLE, DODDATIMMASANDRA ROAD, MARUTHI NAGAR, SARJAPURA, BANGALORE -562 125 10. MR. SHYMSUN ROY AGED 44 YEARS, S/O. A PAPPACHAN R/A NO SURVEY NO.6, AIRPORT CROSS ROAD, ODDINAKOPPA, VIDYANAGAR POST, SHIVAMOGGA -577203 11. MR.FIROZ KHAN AGED 41 YEARS, S/O. RAHIM KHAN NOW R/A SURVEY NO.6, AIRPORT CROSS ROAD, ODDINAKOPPA, VIDYANAGAR POST, SHIVAMOGGA -577203 12. MR.ANIL AGED 33 YEARS, S/O. VENUGOPAL M, NOW R/AT SURVEY NO.6, AIRPORT CROSS ROAD, ODDINAKOPPA, VIDYANAGAR POST, SHIVMOGGA -577203 13. MR. PRAVEEN AGED 27 YEARS, S/O. GANESH RAO E, NOW R/A SURVEY NO.6, AIRPORT CROSS ROAD, ODDINAKOPPA, VIDYANAGAR POST, SHIVAMOGGA-577203 14. MR. MANJUNATH AGED 46 YEARS, S/O.SANNAHUCHAIAH NOW R/A SWACHA ENTERPRISES, 4TH CROSS, INDRA COLLEGE ROAD, UPPARA HALLI, TUMUKURU-572102 ... PETITIONERS (BY SRI.P.P.HEGDE, ADVOCATE) AND:
1. MR. JERALD D’ SILVA R/O. MIG, #268, KHB COLONY, 1ST MAIN, 6TH CROSS, CHALUKYA NAGARA, GOPALA, SHIVAMOGGA-577204 2. THE STATE THROUGH THE TRAFFIC EAST POLICE STATION, SHIVAMOGGA REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-575 001 ... RESPONDENTS (BY SRI.K.R.KRISHNAMURTHY, ADV. FOR R-1; SRI.S.RACHAIAH, HCGP FOR R-2) THIS PETITION IS FILED UNDER 482 CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN P.C.R. NO.154/2018 ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND J.M.F.C. COURT AT SHIVAMOGGA, AND ALL FURTHER PROCEEDINGS IN THE SAID CASE IN SO FAR AS PETITIONERS ARE CONCERNED.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.P.P.Hegde, learned counsel appearing for petitioners and Sri.K.Krishnamurthy, learned counsel appearing for respondent No.1 and Sri.S.Rachaiah, learned HCGP appearing for respondent No.2-State.
2. In the light of a private complaint having been filed by first respondent herein against the petitioners under Section 200 Cr.P.C., which has been registered by the Registry of trial Court as PCR No.154/2018 and placed before the jurisdictional Magistrate for taking cognizance, they are before this Court for quashing of the said proceedings.
3. It is not in dispute that learned Magistrate is yet to take cognizance of the offence and issue processes to the accused persons. Said exercise has not been undertaken by the learned Magistrate. Prayer of the petitioners is premature and as such petition stands rejected with liberty to petitioners to approach this Court in the event of cognizance being taken and process being issued to the petitioners.
4. With this observation, petition stands disposed of. All contentions on merits are kept open and no opinion is expressed in that regard. Liberty is hereby granted as noticed herein to petitioners to approach this Court, if need be.
SD/- JUDGE DR