IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF MARCH, 2017 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION NO.2296 OF 2013 Between:
Dr. B.N. Shivaswamy, S/o late Ninge Gowda, Aged about 43 years, Beechakondanahally, Volegarahalli Post – 573 131, (Channarayapatna Taluk). …Petitioner (By Shri. S.G. Bhagavan, Advocate) And:
Smt. Netravathi, D/o M.K. Lingaiah, 40 years, Maruvanahalli, Byadarahalli Post - 573 132, (Bagur Hobli – Channarayapatna Taluk) …Respondent (By Shri. K.T. Govinde Gowda, Advocate) ---
This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.821/2012 pending against him in the Court of the J.M.F.C., Channarayapatna.
This Petition coming on for admission this day, the Court made the following:-
O R D E R The learned counsel for the applicant seeks vacation of the order of stay. It is found that the court below is proceeding on a complaint alleging an offence punishable under Section 494 of the Indian Penal Code apart from other offences of the Indian Penal Code. In so far as the present petition is concerned, the allegation is in respect of the offences punishable under Section 494 of the Indian Penal Code in respect of which the court is yet to take cognizance and has directed investigation under Section 156(3) of the Code of Criminal Procedure. The issuance of process in respect of other accused is not the concern of the petitioner. Therefore, when cognizance is not taken of any offences punishable under Section 494 it cannot be said that the petitioner is really aggrieved by the proceedings before the trial court. Therefore, the interim order of stay granted earlier stands vacated. The petition itself stands disposed of. The police are at liberty to investigate the matter and to report as directed by the trial court.
Sd/- JUDGE ykl