IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON' BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.7050 OF 2018 BETWEEN:
1. Smt.Mahalakshmi Aged about 32 years, W/o Sri.Ashok Raghupathi, R/at no.7, Whistling Palms, E.C.C.Road, Whitefield, Bengaluru-560 048.
2. Smt.Maharani.T.S. Aged about 46 years, W/o Sri.S.K.Rajendra Kumar R/at Telecom Colony, Chittammanagar, Aiwal, Secunderabad-560 003, Hyderabad, Telangana.
3. Sri.Ranjanavadhan, Aged about 41 years, S/o Sri.Shantha Vadan, R/at Sai Greenwoods Apartment, Kaggadasapura, Bengaluru-560 043.
4. Smt.Archana Aged about 36 years W/o Sri.Ranjanavadhan R/at Sai Greenwoods Apartment Kaggadasapura, Bengaluru-560 043. …Petitioners (By Sri.Sudharshan L, Advocate) AND:
1. State by Halasurugate Women Police Station, Bengaluru Represented by State Public Prosecutor, Bengaluru-560 001.
2. Smt.Rekha Bhaskaran Aged about 32 years, D/o Bhaskaran, R/at No.36, Railway Layout 3rd Street, Pillanna Garden, Bengaluru City, 3rd Stage, K.G.Halli, Bengaluru-560 045. …Respondents (By Sri.S.Rachaiah, HCGP for R1) This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to quash the charge sheet in C.C.NO.20032/2017 pending on the file of learned VI A.C.M.M., Bengaluru and on the file of Halasuru Gate Women Police Station, Bengaluru for the offences punishable under Section 498A, 506 of IPC and Sections 3 and 4 of D.P.Act.
This Criminal Petition coming on for Admission this day, the Court made the following:
ORDER Heard Sri.L Sudharshan, learned counsel appearing for the petitioners and perused the records.
2. The very same petitioners had approached this Court in Crl.P.No.9539/2017 for quashing of the complaint and entire proceedings pending in C.C.No.20032/2017. Co-ordinate Bench of this Court, after having heard the learned counsel appearing for petitioners/accused Nos.4 to 7 and learned High Court Government Pleader for the respondent State, had passed the following order:
“As per the complaint averments allegations made against the petitioners. In support of the said allegations material also collected during investigation. Ultimately charge sheet came to be filed it cannot be said that, prosecution case is totally baseless or it is sheer abuse of the process of Court. No merits. Petition is rejected.”
3. The above order passed by the Co-ordinate Bench clearly discloses there was complete consideration of all the material placed by petitioners while considering prayer for quashing and yet petitioners have approached this Court once again for the same relief and as such, this petition is not maintainable and is liable to be dismissed. Though this Court was inclined to mulct the petitioners with exemplary cost but desists from doing so, for the simple reason that petitioners have disclosed about the earlier order dated 08.03.2018 passed in Crl.P.No.9539/2017.
Hence, Criminal petition stands dismissed for reasons aforesaid.
In view of dismissal of main petition, IA.No.1/2018 for stay does not survive for consideration. Accordingly, IA.No.1/2018 is dismissed.
SD/- JUDGE ag