IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.118/2016 BETWEEN:
1. MR.AJJIMADA CHENGAPPA AGED ABOUT 60 YEARS, SON OF LATE POOVAIAH, 2. SRI AJJIMADA THIMMAIAH @ PRAMODH AGED ABOUT 35 YEARS, SON OF CHENGAPPA, 3. SRI AJJIMADA GANAPATHY @ PRADEEP AGED ABOUT 33 YEARS, SON OF CHENGAPPA, 4. SRI K.V.RAMU SON OF VENKATESH, AGED ABOUT 40 YEARS, ALL RESIDENTS OF BEERUGA VILLAGE, KURCHI POST, SRIMANGALANAD, SOUTH KODAGU-571 217.
5. SRI AJJIMADA MOHAN SON OF LATE PONNAPPA, AGED ABOUT 48 YEARS, KURCHI VILLAGE & POST, SRIMANGALANAD, SOUTH KODAGU-571 217.
6. SRI K.N.POOVAIAH @ CHIPPA AGED ABOUT 60 YEARS, SON OF LATE NANJAPPA, BALELE VILLAGE & POST, PONNAMPETNAD, SOUTH KODAGU-571 217.
(BY SMT.P.C.VINITHA, ADVOCATE FOR SRI T.A.KARUMBAIAH, ADVOCATE) AND:
1. STATE OF KARNATAKA BY SRIMANGALA POLICE STATION, SOUTH KODAGU-571 217.
2. SRI M.P.GEORGE GENERAL MANAGER IN CHARGE, THE ANNAPARAI ESTATE LIMITED, HUVINKAD, ANNAPARAI, BEERUGA VILLAGE, KURCHI POST, SRIMANGALANAD, SOUTH KODAGU-571 217.
…PETITIONERS ... RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP-II FOR R1, SRI O.SHIVARAMA BHAT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.119/2015 ON THE FILE OF THE CIVIL JUDGE, JUNIOR DIVISION AND JMFC, PONNAPET BY ALLOWING THE ABOVE PETITION AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners, learned SPP-II for respondent No.1 and learned counsel for respondent No.2.
2. The only ground urged by the petitioners in this petition is that, by the registration of the FIR, the criminal process has been misused by respondent No.2 to create evidence in a pending civil suit in O.S.No.45/2009.
3. When the matter was taken up for hearing, learned SPP-II submits that the investigation is complete and the charge sheet is laid against the petitioners.
4. In view of these development, the contention of the learned counsel for the petitioners that the initiation of the criminal process against them is an abuse of process of Court and is a counter blast to the civil suit filed by the petitioners, cannot be accepted. As the investigating agency has collected necessary material in proof of the accusations made against the petitioners, there is no ground to quash the proceedings.
5. Having regard to the contentions urged by the petitioners, it is proper for the petitioners to seek for discharge on the grounds urged in this petition. Hence, reserving liberty to the petitioners to seek for discharge on such of the grounds permissible under law, petition is dismissed.
In view of dismissal of the petition, I.A.No.1/2016 does not survive for consideration and the same stands disposed of.
Sd/- JUDGE nvj