IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.343 OF 2017 BETWEEN:
GAVISIDDAIAH S/O SHIVASIDAIAH AGED ABOUT 39 YEARS R/AT MALLIGEHALLI VILLAGE B.G. PURA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 564132. .. PETITIONER (BY SRI.MOHAN KUMAR D, ADV.) AND:
1. SMT. SHARADAMMA W/O LATE UMESH AGED ABOUT 40 YEARS RESIDING AT MALLEGEHALLI VILLAGE B.G. PURA HOBLI, MALAVALLI TALUK MANDYA DIST 564132.
1. STATE OF KARNATAKA BY BELAKAVADI POLICE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001. ... RESPONDENTS (BY SRI.S.J.KRISHNAJI RAO, ADV. FOR R1 SRI.VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R2) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE (C.C.NO.401/2012) SPLIT UP.C.C.NO.146/2014 ON THE FILE OF CIVIL JUDGE (JR.DN) AND JMFC, MALAVALLI FILED BY THE BELAKAVADI POLICE IN CR.NO.126/2011 FOR THE ALLEGED OFFENCES P/U/SS. 143, 341, 504, 323, 498A, 354, 353, 506 R/W 149 OF IPC.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioner and learned counsel for respondent No.2 and learned Additional SPP for respondent No.1.
2. Learned counsel for the petitioner fairly submitted that in the earlier proceedings filed by the petitioner in Crl.P.Nos.4821/2012, 6015/2013, 5808/2014 and 654/2014, liberty was given to the petitioner to seek for his discharge. The earlier application filed by the petitioner was withdrawn.
3. Having regard to the previous orders passed by this Court, it is not a fit case to interfere in the impugned order in exercise of the inherent discretion under Section 482 of Cr.P.C.
Hence, reserving liberty to the petitioner to canvass the legal and factual aspects before the Trial Court during the course of trial, the petition is dismissed.
Sd/- JUDGE rs