IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.5360 OF 2019 Between:
1. Shri.Muniraju T.M S/o Late Muniyappa, Age : 42 years, Occ : Secretary, R/at Masthenahalli Village, Chintamani Taluk, Chikkaballapura Distrct – 563 125.
2. Shri.Nagesh.T S/o Late Muniyappa, Age : 37 years, Occ : Agriculture, R/at Masthenahalli Village, Chintamani Taluk, Chikkaballapura Distrct – 563 125.
3. Shri.Narasimhappa S/o Bageppa, Age : 41 years, Occ : Agriculture, R/at Jangamashegehalli Village, Chintamani Taluk, Chikkaballapura Distrct – 563 125.
…Petitioners (By Sri. Muniraju.V, Advocate) And:
1. The State of Karnataka by Chintamani Rural Police Station, Chintamani, Chikkaballapura District, Rep. by S.P.P, High Court Building, Bengaluru – 560 001.
2. Shri.Doddamunishami S/o Late Dodda Muniyappa, Age : 80 years, R/at Masthenahalli Village, Chintamani Taluk, Chikkaballapura Distrct – 563 125.
(By Sri.R.D.Renukaradhya, HCGP for R1) ...Respondents This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, praying to quash all proceedings in C.C.No.859/2017 against to the petitioner on the file of the Additional Civil Judge and Judicial Magistrate First Class at Chintamani, Chikkaballapura District for the offence punishable under Sections 323, 324, 504 and 506 read with 34 of IPC.
This Criminal Petition is coming on for Admission, this day, the Court made the following:-
ORDER Petitioners have sought for quashing of entire proceedings in C.C.No.859/2017 initiated against the petitioners on the file of the Additional Civil Judge and JMFC, Chintamani, Chikkaballapura District for the offences punishable under Sections 323, 324, 504 and 506 read with Section 34 of IPC. Undisputedly, charge sheet has been filed in the matter.
2. Learned counsel for the petitioners submits that the alleged incident took place on 27.09.2017, whereas FIR was registered on 01.10.2017. Thereafter, counter complaint was filed on 02.10.2017.
3. The gist of the complaint is evident that there was certain altercation took place amongst the petitioners and others which has resulted in certain injuries. In this background, it is not proper to entertain the petition since the alleged offences are triable offences. Thus, the petitioners have not made out the case, hence the petition is dismissed reserving liberty to the petitioners to make necessary application for discharge at the relevant stage, if any.
Sd/- JUDGE UN