IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.9222/2017 BETWEEN M. SOMU, S/O MALLAREDDY, AGE 26 YEARS, R/O PUNYADHAMA LAYOUT, DHANALAKSHMI BADAVANE, THINDLU MAINROAD, VIRUPAKSHAPURA, VIDYARANYAPURA POST, BENGALURU-560 077 ... PETITIONER (BY SRI. PRASANNA KUMAR P., ADV.) AND 1. ASSISTANT COMMISSIONER OF POLICE, YELAHANKA SUB-DIVISION, BENGALURU CITY, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
2. STATE OF KARNATAKA, KODIGEHALLI POLICE STATION, BENGALURU, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
3. SHIVANAND KANAVI, S/O SHEKHARAPPA KANAVI, NO.7, 1ST FLOOR, 1ST CROSS, BASAVESHWARA LAYOUT, GUNDAPPA ROAD, NAGASHETTI HALLI, BENGALURU-94. ... RESPONDENTS (BY SRI. SANDESH J. CHOUTA, SPP-II FOR R1 & R2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ORDER DATED 02.08.2013 PASSED BY THE LEARNED CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.31556/2014 (PCR.NO.17160/2013) THEREBY REFERRING THE PRIVATE COMPLAINT FILED BY THE RESPONDENT NO.3 U/S. 156(3) OF CR.PC TO THE ASSISTANT COMMISSIONER OF POLICE, YELAHANKA FOR INVESTIGATION AND REPORT AND THE CONSEQUENTIAL ORDER DATED 21.11.2014 PASSED BY THE LEARNED CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.31556/5014 (PCR.NO.17160/2013) THEREBY TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE OFFENCE P/U/Ss. 418, 420 R/W 34 OF IPC AND ORDERING TO REGISTER CRIMINAL CASE AND ISSUE SUMMONS, IN SO FAR AS PETITIONER/ACCUSED NO.1 IS CONCERNED.
THIS CRL.P COMING ON FOR ADMISSION A/W IA NO.1/2017 THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned SPP-II appearing for the respondent-State. Perused the records.
2. In this petition, the petitioner has sought for quashing of the entire proceedings in C.C. No.31556/2014 registered against the petitioner for the offences punishable under Sections 418 and 420 r/w. 34 of IPC.
3. As could be seen from the order sheet of the trial Court, the petitioner has already filed an application for his discharge under Section 239 of Cr.PC. and the same is set down for hearing by the trial Court.
4. In the above circumstances, the petitioner is directed to exhaust the said remedy before the trial Court. The trial Court is also hereby directed to hear the petitioner on such application under Section 239 Cr.PC. and to pass appropriate orders in accordance with law. In case, if the petitioner is aggrieved by the order to be passed by the trial Court on the application to be filed by the petitioner, he can take appropriate measures in accordance with law.
In view of disposal of this case, the application-IA No.1/2017 filed for stay, does not survive for consideration. Accordingly, the said application stands disposed of.
KGR* Sd/-
JUDGE