IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.100 OF 2018 BETWEEN:
1. Arun Kumar, Son of KT Srinivasa Gowda, Aged about 51 years, 2. Lakshmi, Wife of KT Srinivasa Gowda, Aged about 72 years, Both residing at # 921, 22nd Main Road, 38th Cross, 4th T Block, Jayanagara, Bengaluru-560 041.
(By Sri.Srinivas N., Advocate-Absent) AND:
1. The State of Karnataka, By Thirthahalli Police, By Special Public Prosecutor, High Court of Karnataka 2. Smt.Eramma, Wife of Late Thimmayya Gowda, Aged about 95 years, Kadidal Village, Harogolige, Thirthahalli Taluk, Shivamogga District, Karnataka-573 201.
(By Sri.S.Rachaiah, HCGP for R1) … Petitioners … Respondents This Criminal Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent police to quash the proceedings ordered to be registered against the petitioners in CC.No.148/2017 on the file of the Principal Civil Judge and JMFC, Thirthahalli.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER None for the petitioners.
Sri.S.Rachaiah, learned High Court Government Pleader for respondent No.1.
In this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’ for short), the petitioners inter alia seeks quashment of the proceedings ordered to be registered against them in C.C.No.148/2017 pending on the file of PrincipaL Civil Judge and JMFC, Thirthahalli for the offence punishable under Sections 448, 504, 341, 323, 506 read with Section 34 of the Indian Penal Code, 1860.
2. Perused the record and heard the learned High Court Government Pleader.
3. From perusal of the records, it is evident that on 27.03.2017, charge sheet has already been filed against the petitioners. Therefore, in the fact situation of the case, I am not inclined to exercise the powers under Section 482 of the Code as this Court in exercise of inherent powers cannot appreciate the materials contained in the charge sheet and record a finding one way or the other. However, it will be open to the petitioners to argue the matter for their discharge before the trial Court.
4. Needless to state that in case the petitioners are aggrieved, they shall be at liberty to file Criminal Revision Petition before this Court.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE dn/-