IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7080 OF 2016 BETWEEN:
MR. B.K. DHANANJAYA SHETTY S/O. B.A. KRISHNA SHETTY R/AT SHETTI MAHAL BLOCK NO.13, RAJASEAT ROAD, MADIKERI KODAGU DISTRICT …PETITIONER (BY SRI. P. KARUNAKAR, ADVOCATE) AND:
1 STATE BY MANGALURU SOUTH P.S. REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 2 KUM. SHIKA D/O. RAJESH KUMAR SHARMA ATTAVARA LADIES HOSTEL K.E.B. ROAD, MANGALURU D.K. DISTRICT ...RESPONDENTS (BY SRI. I.S PRAMOD CHANDRA, SPP-II FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.473/2012 PENDING ON THE FILE OF II ADDL. SR. CIVIL JUDGE AND C.J.M., MANGALURU, ON THE BASIS OF A CRIME REGISTERED BY THE MANGALURU SOUTH POLICE IN CR. NO.169/2010.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has sought to quash the proceedings in CC No.473/2012 arising out of Crime No.169/2010 for the offence punishable under section 392 of IPC.
2. Learned SPP-II appearing for the Respondent No.1 submits that the petitioner herein remained absconding ever since registration of the case and hence case against the petitioner was split up and only Accused No.1 faced trial and he is acquitted by Judgment and Order dated 25.06.2014 in CC No.245/2010.
3. The petitioner has not made out any grounds to quash the proceedings. Moreover, the petitioner having remained absconding ever since the date of registration, cannot seek the relief under Section 482 of Cr.PC without surrendering to the jurisdiction of the Court.
Hence, the petition is dismissed.
Sd/- JUDGE AN/-