IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6783/2013 BETWEEN:
Dr. Sudhakar, S/o. Mr. Ashirvadam Aged 38 years Occ: Advocate, R/o. No.16, 1st Cross, Lazer Layout Bengaluru – 560 065. …Petitioner (By Sri. P. Prasanna Kumar, Advocate) AND:
1 The State of Karnataka, By Pulikeshinagar Police Station, Bengaluru.
Rep. by State Public Prosecutor, High Court Building, Bengaluru – 560 001.
2 Smt. Lathisha, W/o. Pushparaj, Fees Garden Bagaluru Bengaluru – 560 065. ...Respondents (By Sri. Vijaya Kumar Majage, Addl. SPP for R1; Sri. G. Jeeva Prakash, Advocate for R2-absent) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the proceedings in C.C. No.14914/2012 pending on the file of the IV Addl. C.M.M., Bengaluru, against the petitioner.
This criminal petition coming on for Orders, this day, the court made the following:
O R D E R Heard learned counsel for the petitioner and learned Addl. SPP for respondent No.1. Counsel for respondent No.2 is absent. Perused the records.
2. Petitioner has sought to quash the proceedings in C.C.No.14914/2012 pending on the file of the IV Addl. Chief Metropolitan Magistrate, Bengaluru. These proceedings are initiated against the petitioner based on the complaint lodged by respondent No.2. In the complaint, she has leveled serious allegations against the petitioner constituting the offences punishable under Sections 323, 324, 325, 406, 420, 427, 504, 392, 201, 354 r/w 34 of IPC.
3. After investigation, charge sheet is laid against the petitioner and other accused for the above offences.
The allegations made in the charge sheet are sought to be substantiated with cogent evidence. Therefore, it cannot be said that the criminal process is abused by the complainant to settle scores and a false complaint is engineered against the petitioner.
4. Having regard to the material produced by the Investigating Agency in support of the charges leveled, I do not find any justifiable ground to quash the proceedings.
Accordingly, the petition is dismissed. Liberty is reserved to the petitioner to seek his discharge before the trial Court on such grounds available under law.
Sd/- JUDGE SV