IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7030 OF 2015 BETWEEN:
1. MR. HAMEED S/O ABDUL KHADER, AGED ABOUT 37 YEARS, R/AT HAMIDIYA MANZIL, KUKKIKATTE, UDUPI DISTRICT-576101.
2. MR.FIROZ S/O ABDUL GAFOOR, AGED ABOUT 27 YEARS, 3. MRS. FAMIYA W/O SHEIK MOHAMED RAFIQUE, D/O ABDUL GAFOOR, AGED ABOUT 31 YEARS, 4. MRS. NAUSHAD BEGUM W/O ABDUL GAFOOR, AGED ABOUT 51 YEARS, PETITIONERS 2-4 ARE R/AT AGS MANZIL, DARKHAS HOUSE, BELVAI, DAKSHINA KANNADA-575 001.
5. MRS. FARZANA W/O HAMEED, AGED ABOUT 34 YEARS, R/AT HAMIDIYA MANZIL, KUKKIKATTE, UDUPI-576 101.
(BY SRI: MEGHACHANDRA D N, ADVOCATE) ... PETITIONERS AND 1. STATE OF KARNATAKA BY THE POLICE SUB-INSPECTOR, HIRIYUR RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
2. SMT.MUBINABANU W/O SHEIK MOHAMED RAFIQUE, R/A BABBRU VILLAGE, HIRIYUR TALUK, CHITRADURGA-577 001.
... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.622/2014 PENDING ON THE FILE OF THE SR. CIVIL JUDGE AND JMFC, HIRIYUR, CHITRADURGA, PURSUANT TO THE CHARGE SHEET FILED BY THE RESPONDENT POLICE IN CR.NO.10/2014 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 448, 149, 147, 143, 504 AND 341 OF IPC.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R None appears for the petitioners.
It is verified from the High Court Website that the trial has commenced and the matter is set down for recording evidence of the prosecution witnesses. Hence, it is not proper to exercise jurisdiction under section 482 Cr.P.C. at this stage.
Hence, the petition is dismissed. In view of dismissal of the main matter, I.A.No.1/15 for stay does not survive for consideration. Accordingly, it is dismissed.
Sd/- JUDGE *mn/-