IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8076/2014 Between:
K.G.K.Achar, S/o Y.K.K.Achar, Aged about 55 years, Occ: Businessman R/o. Geetha Nilaya, Santhekate, Puttur, Udupi – 578101. … Petitioner (By Sri.Vighneshwar S.Shastri, Advocate) And:
1. The State of Karnataka By Udupi Town Police Station, Udupi – 578101.
2. B.V.R.Mallya, S/o Ramachandra Mallya, Age: Major, R/o. Opp: NGO Society, Mission Hospital, 76, Badagabettu, Udupi – 578101. ...Respondents (By Sri.Vijaya Kumar Majage, Addl. SPP for R.1 and Sri.Nataraja Ballal, Advocate for R.2) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the entire proceedings against the petitioner in C.C.No.1007/14, pending on the file of Additional Civil Judge and JMFC, Udupi and etc.
This Criminal Petition coming on for Admission this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned Additional SPP appearing for respondent No.1.
2. The petitioner has sought to quash the proceedings in C.C.No.1007/2014. Based on the complaint lodged by the respondent No.1, FIR was registered against the petitioner for the offence punishable under Section 427 read with 34 of IPC. Upon investigation, charge sheet is filed against the petitioner. The allegations made in the charge sheet prima facie attract the ingredients of the offence punishable under Section 427 read with Section 34 of IPC. The accusations are sought to be substantiated with the cogent material and therefore, the contention of the learned counsel for the petitioner that the allegations made against the petitioner do not constitute the offence and that the petitioner is not the author of the said alleged crime, cannot be accepted.
3. Having regard to the prima-facie materials collected by the Investigating Agency in proof of the above accusations, it is not a fit to quash the proceedings.
Accordingly, 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 NBM